Section 2(1) (j) of the Patents Act, 1970 defines the ‘invention’ as a new product or a process involving an inventive step and capable of industrial application. The Act defined the terms ‘inventive step’ and ‘capable of industrial application’ under Section 2(1) (j) (a) and Section 2(1) (c) respectively. However what is ‘new’ was not defined and left to be interpreted using the provisions of Section 13.
Interestingly, we also have Section 2(1) (l) which defines “new invention” but the term has not been used anywhere in the Act. The term sounds...