Patents Act · 2023 Revised Edition · Part · Infringement of Patents
70. Certificate of contested validity of patent
Official textFrom Attorney General's Chambers, unchanged
Where in any proceedings before the court or the Registrar the validity of a patent to any extent is contested and that patent is found by the court or the Registrar to be wholly or partially valid, the court or the
Registrar may certify the finding and the fact that the validity of the patent was so contested.
Registrar
“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
Where a certificate is granted under this section, then, if in any subsequent proceedings before the court or the Registrar for infringement of the patent or for revocation of the patent, a final order or judgment is made or given in favour of the party relying on the validity of the patent as found in the earlier proceedings, that party shall, unless the court or the Registrar otherwise directs, be entitled to his costs or expenses as between solicitor and own client other than the costs or expenses of any appeal in the subsequent proceedings.
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
Terms defined in s 2
patent
Defined · s 2“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
Registrar
Defined · s 2“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
Part
Revocation of Patents and Validity Proceedings
Part
Amendments of Patents and Applications
Part
International Applications for Patents
Part
Legal Proceedings
Part
Offences
Part
Patent Agents
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