Certificate of validity of specification and costs of subsequent suits for infringement thereof
—(1) If in any proceedings before the Appellate Board or a High Court for the
revocation of a patent under section 64 and section 104, as the case may be, the validity
of any claim of a specification is contested and that claim is found by the Appellate Board
or the High Court to be valid, the Appellate Board or the High Court may certify that the
validity of that claim was contested in those proceedings and was upheld.
(2) Where any such certificate has been granted, then, if in any subsequent suit before a
court for infringement of that claim of the patent or in any subsequent proceeding for
revocation of the patent in so far as it relates to that claim, the patentee or other person
relying on the validity of the claim obtains a final order or judgment in his favour, he shall
be entitled to an order for the payment of his full costs, charges and expenses of and
incidental to any such suit or proceeding properly incurred so far as they concern the
claim in respect of which the certificate was granted, unless the court trying the suit or
proceeding otherwise directs:
Provided that the costs as specific in this sub-section shall not be ordered when the
party disputing the validity of the claim satisfies the court that he was not aware of the
grant of the certificate when he raised the dispute and withdrew forthwith such defence
when he became aware of such a certificate.
(3) Nothing contained in this section shall be construed as authorising the courts or the
Appellate Board hearing appeals from decrees or orders in suits for infringement or
petitions for revocation, as the case may be, to pass orders for costs on the scale referred
to therein.
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