Section 111 – Restriction on Power of Court to Grant damages or account of Profits for Infringements

  • When a patentee or a person with right on a patent files a case of infringement against another person (defendant); the court shall not grant damages or profits against the defendant if at the date of infringement, the defendant was unaware by reasonable grounds that a patent for the product or the process existed.
  • Upon any cases for infringement filed by the patentee on any person, the Court may refuse to grant damages or profits for the infringement if the patentee has failed to pay any renewal fee to the patent office as per the schedule or within the period of extension permitted.
  • When any changes to the draft of the patent is made after the date of publication as per the directions of the Controller no damages or profits shall be granted for use of the invention before the date of the decision of the Controller allowing the change, unless the Court is convinced that the earlier published specification itself was clear and drafted with good knowledge and the change made in the amendment in no manner shall be believed that the infringement was caused unknowingly.
  • The Court in no way is hindered to order or issue a warning (injunction) to the concerned persons upon any cases of infringement filed.

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