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In respect of remedies for infringement of patent, which one of the following statements is incorrect?

Question and options

In respect of remedies for infringement of patent, which one of the following statements is incorrect?
  1. Damages or an account of profits are not available in the event that the defendant proves that he was not aware and had no reasonable grounds for supposing that the patent existed.
  2. Injunctions are not available to restrain acts done after the expiry of the patent in question.
  3. In case of expiry of the patent after filing of the suit, the suit abates and no damages can be claimed for the period of infringement.
  4. The reliefs in a suit for patent infringement include an injunction and, at the plaintiff's option, either damages or an account of profits.

Answer and explanation

Correct answer: C - In case of expiry of the patent after filing of the suit, the suit abates and no damages can be claimed for the period of infringement.
The innocent-infringer statement is correct: s.111(1) Patents Act bars damages or an account of profits against a defendant who proves he was not aware and had no reasonable grounds for supposing that the patent existed. The injunction statement is correct: once a patent expires there is nothing left to restrain. The statement on reliefs is correct: s.108(1) provides an injunction and, at the plaintiff's option, damages or an account of profits. The statement that the suit abates on expiry is incorrect: expiry of the patent does not wipe out the patentee's claim for damages for infringement committed during the term, so that is the incorrect statement.

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