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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Patents

In a revocation proceeding before a High Court, Kiran Industries contested the validity of a claim of a patent held by Anand Ltd, and the High Court found the claim valid and certified accordingly. Later Anand Ltd wins a final judgment in an infringement suit on that claim. What is the general consequence on costs under the Patents Act, 1970?

Anand Ltd is entitled to its full costs, charges and expenses incidental to the suit so far as they concern the certified claim, unless the court trying the suit otherwise directs. This follows from section 113(2) on certificates of validity granted by the High Court.

  1. AAnand Ltd is entitled to full costs, charges and expenses concerning that claim, unless the court otherwise directsCorrect
  2. BEach party bears its own costs in all cases
  3. CCosts are payable only to the Controller
  4. DAnand Ltd receives double damages instead of costs

Explanation

Under section 113(2), where a certificate of validity exists and the patentee obtains a final order in a later infringement suit, the patentee is entitled to full costs for that claim unless the court directs otherwise. The proviso exempts a party who was unaware of the certificate and withdrew the defence promptly.

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