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

Ravi Agro holds a patent. It failed to pay a renewal fee within the prescribed period, and paid later after the period was extended. It sues Sagar Foods for infringement committed during the gap between the due date and the extension. What may the court do?

The court may, if it thinks fit, refuse damages or an account of profits for infringement committed after the renewal fee default and before the extension. The refusal is discretionary, not mandatory, and the court's power to grant an injunction is not affected.

  1. AIt must award full damages because the patent was never revoked
  2. BIt may, if it thinks fit, refuse damages or an account of profits for that infringementCorrect
  3. CIt must refuse both damages and an injunction
  4. DIt must treat the patent as void from the due date

Explanation

Section 111(2) gives the court discretion to refuse damages or an account of profits for infringement committed after failure to pay a renewal fee within the prescribed period and before any extension. It is discretionary, not mandatory, and s.111(4) preserves the power to grant an injunction.

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