69. Restrictions on relief for infringement

In proceedings for infringement of a patent, damages must not be awarded and no order may be made for an account of profits against a defendant who proves that at the date of the infringement the defendant was not aware, and had no reasonable grounds for supposing, that the patent existed.

A person is not to be taken to have been aware or to have had reasonable grounds for supposing by reason only of the application to a product of the word “patent” or “patented”, or any word or words expressing or implying that a patent has been obtained for the product, unless the number of the patent accompanied the word or words.

In proceedings for infringement of a patent, the court may, if the court thinks fit, refuse to award any damages, make an order for an account of profits or grant any other relief (including an injunction) in respect of an infringement committed during the period prescribed under section 36(3), but before the payment of the renewal fee and any additional fee prescribed for the purposes of section 36(3).

Where an amendment of the specification of a patent has been allowed under any of the provisions of this Act, the court must 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 an injunction) unless the court is satisfied that the specification of the patent as published was framed in good faith and with reasonable skill and knowledge.