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

Farhan Motors is sued for infringement of a patent. The patentee earlier obtained a High Court certificate under section 113 that the validity of the claim was contested and upheld. Farhan Motors again disputes the claim's validity, and the patentee wins the suit. What is the costs position?

The patentee is entitled to full costs concerning the certified claim unless the court directs otherwise. The only statutory exception is for a party who was unaware of the certificate and withdrew the validity defence immediately upon learning of it.

  1. AEach party bears its own costs, since certificates affect only validity
  2. BThe patentee is entitled to full costs relating to that claim unless the court directs otherwise, subject to the proviso for a party unaware of the certificate who withdrew the defence at onceCorrect
  3. CThe patentee is entitled to full costs without exception
  4. DThe patentee gets costs only if Farhan Motors knew of the certificate

Explanation

Section 113(2) entitles the patentee, on a final order in his favour in a subsequent suit, to full costs for that claim unless the court otherwise directs. The proviso denies such costs only to a party who was unaware of the certificate and withdrew the defence forthwith on learning of it. So 'without exception' is wrong.

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