Section 62(3)

Where an amendment of the specification of a patent has been allowed under any of the provisions of this Act, the court or the comptroller shall, when awarding damages or making an order for an account of profits in proceedings for an infringement of the patent committed before the decision to allow the amendment, take into account the following— whether at the date of infringement the defendant or defender knew, or had reasonable grounds to know, that he was infringing the patent; whether the specification of the patent as published was framed in good faith and with reasonable skill and knowledge; whether the proceedings are brought in good faith.

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Source: legislation.gov.uk · retrieved 2026-09-04