Section 62

Question 1

What is the innocent infringement test?

Answer 1

• Unaware and no reasonable grounds to suppose that the patent existed.

Question 2

What cannot happen if innocent infringement is found?

Answer 2

Damages and Account of profits are unavailable.

Injunction / Declaration of Infringement / Delivery up / Destruction are available.

Question 3

What events affect infringement relief?

Answer 3

• Innocent infringement
• Amendments to patent to make it valid
• Existence of a licence of right limits damages to 2x retrospective licence fee
• Not registering assignment/exclusive licence within 6m or ASAP thereafter (cannot claim costs or expenses arising in a trial)
• An existing certificate of contested validity (indemnity rates rather than normal rates)
• Infringement during S25(4) period (renewal late payment) damages are discretionary
• partial validity