Industrial and Commercial Property (Protection) Act, 1927

Power of court to grant relief in respect of particular claims.

50.—(1) Notwithstanding anything to the contrary appearing in section 39 (which relates to restriction on damages where specification amended) of this Act, if the court in any action for infringement of a patent finds that any one or more of the claims in the specification in respect of which infringement is alleged are valid, it shall, subject to its discretion as to costs and as to the date from which damages should be reckoned and subject to such terms as to amendment as it may deem desirable, grant relief in respect of any such claims which are infringed without regard to the invalidity of any other claim in the specification.

(2) In exercising the discretion mentioned in the foregoing sub-section, the court may take into consideration the conduct of the parties in inserting the invalid claims in the specification or permitting such claims to remain therein.