Patents Act, 1992

Certificate of contested validity of patent.

52.—(1) If in any proceedings before the Court the validity of a patent to any extent is contested and the patent is found by the Court to be wholly or partially valid, the Court may certify the finding and the fact that the validity of the patent was contested.

(2) Where any certificate has been granted under subsection (1), then if, in any subsequent proceedings before the Court for infringement of the patent or before the Court or the Controller for revocation of the patent, a final order or judgment is made or given in favour of the party relying on the validity of the patent, that party shall, unless the Court otherwise directs, be entitled to his costs as between solicitor and own client.