- If any cases are under trial before the Appellate Board or the High Court for revocation of a patent under sections 64 and 104, where the validity of any claim is opposed and if the Appellate Board or the High Court finds the claim to be valid, it shall provide a certificate to the patentee that the validity of that claim was opposed in the proceedings and it was declared valid (upheld).
- Even after such a certificate has been issued for a claim on a patent; if any person files a case for revocation of the patent under stating the same claim to be invalid, the patentee shall be eligible for the payment of full costs, charges, expenses and any damages from the person filing such a case on a claim for which already a certificate has been issued.
- However, if the person withdraws the case after being aware that such a certificate has been issued already and if the Court is satisfied that the person is really unaware of the same, such order for damages shall not be passed.
- Not all cases that fall under this section with the Court or the Appellate Board on infringement shall be handled in the same manner.