Patents
[CAP.400 55
(a) unless the Court is satisfied that the invalid claim was not
framed in good faith and with reasonable skill and knowl
edge. the Court shall, subject to its discretion as to costs and
as to the date from which damages should be reckoned, and
to such terms as to amendment of the specification as it may
deem desirable, grant relief in respect of any valid claim
which is or has been infringed, without regard to the inva
lidity of any other claim in the specification and, in exercis
ing such discretion, the Court may take into consideration
the conduct of the patentee in inserting the invalid claim in
the specification or permitting that claim to remain there;
(b) if the Court is so satisfied, it shall not grant any relief by
way of damages or costs, but may grant such other relief in
respect of any valid claim which is or has been infringed as
to it seems just and may impose such terms as to amend
ment of the specification as a condition of granting any
such relief as it may deem desirable;
(c) if a counter-claim for revocation of the patent has been
made in the action on the ground of invalidity of any claim
in the specification, the Court may postpone the operation
of any order made thereon for such time as may be requi
site to enable the patentee to effect any amendment of the
specification pursuant to terms imposed by the Court and
may attach such other conditions to any order to be made
on the counter-claim as the Court may deem desirable.
55. (I) In proceedings for (he infringement of a patent, damages
shall not be awarded against a defendant who proves that, at the date
of the infringement, he was not aware, and had no reasonable
grounds for supposing and had no reasonable means of making him
self aware, that the patent existed, and the application to an article of
the word "patent". "patented", or any word or words expressing or
implying that a patent has been obtained for the article, shall not con
stitute such grounds or means unless the number and year of the
patent accompanied the word or words in question.
Restrictions
on recovery of
damages for
infringement
(2) If proceedings are taken in respect of infringement of a patent
committed after the failure to pay any fee within the prescribed time
and before any extension of time for such payment, the Court may,
if it thinks fit, refuse to award any damages in respect of such
infringemen t.
(3) Nothing in this section shall affect the power of the Court to
grant an injunction or interdict in any proceedings for the infringe
ment of a patent.
56. (l) Where any person (whether entitled to or interested in a
patent or an application for a patent or not) by circulars, advertise
ments or 'Ith,~rwl~~ threatens any other person with proceedings for
infringement of a patent, any person aggrieved thereby may in the
Remedy for
groundless
threats of
infringement
proceedings
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