. Restriction on power of court to grant damages or account of profits for infringement
(1) In a suit for infringement of patent, damages or an account of profits shall not be
granted against the defendant who proves that at the date of the infringement he was not
aware and had no reasonable grounds for believing that the patent existed.
Explanation.—A person shall not be deemed to have been aware or to have had
reasonable grounds for believing that a patent exists by reason only of the application to
an article of the word “patent”, “patented” or any word or words expressing or implying
that a patent has been obtained for the article, unless the number of the patent
accompanies the word or words in question.
(2) In any suit for infringement of a patent the court may, if it thinks fit, refuse to grant any
damages or an account of profits in respect of any infringement committed after a failure
to pay any renewal fee within the prescribed period and before any extension of that
period.
(3) Where an amendment of a specification by way of disclaimer, correction or explanation
has been allowed under this Act after the publication of the specification, no damages or
account of profits shall be granted in any proceeding in respect of the use of the invention
before the date of the decision allowing the amendment, unless the court is satisfied that
the specification as originally published was framed in good faith and with reasonable skill
and knowledge.
(4) Nothing in this section shall affect the power of the court to grant an injunction in any
suit for infringement of a patent.
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