Under Section 114(2) of the Patents Act, 1970, the court may grant damages or an account of profits in…

Under section 114(1) relief for a valid claim is limited to an injunction "save in the circumstances mentioned in sub-section (2)", and section 114(2) applies "where the plaintiff proves that the invalid claim was framed in good faith" and with "reasonable skill and knowledge". Examination by the Controller does not prove this, and deliberate infringement by the defendant is not the test.