Section 63: Relief for infringement of partially valid specification

63. Relief for infringement of partially valid specification.—(1) If in any proceedings for infringement of a patent it is found that any claim of the specification, being a claim in respect of which infringement is alleged, is valid, but that any other claim is invalid, the Court may grant relief in respect of any valid claim which is infringed: Provided that the Court shall not grant relief by way of damages or costs except in the circumstances mentioned in sub-section (2). (2) Where the plaintiff proves that the invalid claim was framed in good faith and with reasonable skill and knowledge, the Court shall grant relief in respect of any valid claim which is infringed subject to the discretion of the Court as to costs and as to the date from which damages should be reckoned.

Effective date: 2000-01-01

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