50 Government Gazette 23 March 2012 Act No. 1, 2012 No. 4907 INDUSTRIAL PROPERTY ACT, 2012 (4) The defendant in proceedings under subsection (1) may apply by way of a counterclaim for any relief to which he or she would be entitled in separate proceedings in respect of any infringement by the plaintiff of the patent to which the threat relates. Relief for partial infringement 74. (1) If the validity of a patent is put in issue in proceedings for infringement of the patent and it is found that the patent is only partially valid, the Tribunal may, subject to subsection (2), grant relief in respect of that part of the patent found to be valid and infringed. (2) Where in any such proceedings it is found that a patent is only partially valid, the Tribunal may not grant relief in the form of damages, costs or expenses, except where the party relying on the patent proves that the specification was framed in good faith and with reasonable skill and knowledge and, in that event, the Tribunal may grant relief in respect of the patent which is valid and infringed, subject to the discretion of the Tribunal as to costs or expenses and as to the date from which damages should be reckoned. (3) As a condition of relief under this section, the Tribunal may direct that the specification be amended to its satisfaction upon an application made for that purpose under this section and an application may be so made accordingly, whether or not all other issues in the proceedings have been determined. (4) Where in any proceedings for infringement of a patent, the Tribunal finds that any claim in the complete specification in respect of which infringement is alleged, is valid, but that any other claim therein is invalid, the following provisions apply, namely: (a) if a counterclaim for the revocation of the patent has been made in the proceedings on the ground of the invalidity of any claim in the specification, the Tribunal may postpone the operation of any order issued thereon for such time as may be required to enable the patent owner to effect any amendment of the specification pursuant to the conditions imposed by the Tribunal, and the Tribunal may attach such other condition to any order to be issued on the counterclaim as it may deem fit; and (b) when the specification has been amended in terms of paragraph (a), the Tribunal may, subject to such order as to costs as it may issue and as to the date from which damages must be calculated, grant relief in respect of any claim which had, before the amendment, been found to be valid and infringed, and in exercising this discretion the Tribunal may take into consideration the conduct of the patent owner in inserting in the specification those claims which had been found, before amendment, to be invalid or permitting such claims to remain there.