Clause 21

by deleting subsection (3) and substituting the following subsection:“(3) In proceedings for infringement of a patent, the court or the Registrar may, if it or he thinks fit, refuse to award any damages, make an order for an account of profits or grant any other relief (including, in proceedings before the court, an injunction) —

in respect of an infringement committed during any further period specified under subsection (3) of section 36, but before the payment of the renewal fee and any additional fee prescribed for the purposes of that subsection;

where the patent was granted on the basis of any examination report referred to in section 29(5), any search and examination report referred to in section 29(6) or any international preliminary report on patentability referred to in section 30(2)(b)(vi), in respect of any infringement alleged to have been committed at any time when any claim (in the specification of the patent) that is alleged to have been infringed is not related to any claim in the application for the patent at the time the report was issued —

which has been examined; and

which is referred to in the report; or

where the patent was granted on the basis of the prescribed information relating to a corresponding application referred to in section 29(2)(c)(ii) or the prescribed information relating to a corresponding international application referred to in section 29(2)(d)(ii), in respect of any infringement alleged to have been committed at any time when any claim (in the specification of the patent) that is alleged to have been infringed is not related to any claim —

which is set out in the prescribed information relating to the corresponding application or corresponding international application, as the case may be; and

which has been examined to determine whether the claim appears to satisfy the criteria of novelty, inventive step (or non-obviousness) and industrial applicability (or utility).”;

by deleting the words “no damages shall be awarded in proceedings for an infringement of the patent committed before the decision to allow the amendment” in subsection (4) and substituting the words “the court or the Registrar shall not, in proceedings for an infringement of the patent committed before the decision to allow the amendment, award any damages, make an order for an account of profits or grant any other relief (including, in proceedings before the court, an injunction)”; and

by deleting the section heading and substituting the following section heading:“Restrictions on relief for infringement”.