70. Relief for infringement of partially valid patent

If the validity of a patent is put in issue in proceedings for infringement of the patent and it is found that the patent is only partially valid, the court may, subject to subsection (2), grant relief in respect of that part of the patent which is found to be valid and infringed.

Where in any such proceedings it is found that a patent is only partially valid, the court must not grant relief by way of damages, costs or expenses, except where the claimant proves that the specification for the patent was framed in good faith and with reasonable skill and knowledge, and in that event the court may grant relief in respect of that part of the patent which is valid and infringed, subject to the discretion of the court as to costs or expenses and as to the date from which damages should be reckoned.

As a condition of relief under this section, the court may direct that the specification of the patent be amended to the court’s satisfaction upon an application made for that purpose under section 83, and an application may be so made accordingly, whether or not all other issues in the proceedings have been determined.