Patents Act, 1992
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Relief for infringement of partially valid patent. |
50.—(1) If in proceedings for infringement of a patent the validity of the patent is put in issue and it is found that the patent is only valid in part, the Court may grant relief in respect of that part of the patent which is found to be valid and infringed; provided that the Court shall not grant relief by way of damages or costs except in the circumstances mentioned in subsection (2). | |
(2) Where in proceedings for the infringement of a patent the plaintiff proves that the specification of the patent was framed in good faith and with reasonable skill and knowledge, the Court may grant relief in respect of that part of the patent which is valid and infringed, subject to the discretion of the Court as to costs and as to the date from which damages should be reckoned. | ||
(3) As a condition of relief under subsection (1) or subsection (2) the Court may direct that the specification shall be amended to its satisfaction upon an application made for that purpose under section 38 , and such an application may be made whether or not all other issues in the proceedings have been determined. |