Section 63(2)

Where in any such proceedings it is found that a patent is only partially valid, the court or the comptroller shall , when awarding damages, costs or expenses or making an order for an account of profits, take into account the following— and any relief granted shall be subject to the discretion of the court or the comptroller as to costs or expenses and as to the date from which damages or an account should be reckoned. whether at the date of the infringement the defendant or defender knew, or had reasonable grounds to know, that he was infringing the patent; whether the specification of the patent 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