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CS Professional · Intellectual Property Rights - Law and Practice · Patent Documentation, Examination and Infringement

Anita Textiles sues Bharat Looms for infringing a patented loom mechanism. Bharat Looms proves that when it sold the looms it neither knew nor had reasonable grounds to believe the patent existed. The looms carried a label saying 'patented' with no patent number. What is the position on monetary relief and injunction?

Damages and account of profits cannot be granted because Bharat Looms was innocently unaware, and a label saying 'patented' without the patent number does not fix awareness. However, section 111(4) leaves the court free to grant an injunction.

  1. ADamages and account of profits cannot be granted, but the court's power to grant an injunction is unaffectedCorrect
  2. BDamages, account of profits and injunction are all barred
  3. COnly an account of profits is barred; damages may still be awarded
  4. DNo bar applies because the label said 'patented'

Explanation

Under section 111(1), damages or account of profits are not granted against a defendant who proves innocent lack of awareness. The Explanation says the word 'patented' does not give awareness unless the patent number accompanies it. Section 111(4) preserves the court's power to grant an injunction.

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