Under the proviso to Section 113(2) of the Patents Act, 1970, the court shall not order full costs if…
The proviso to section 113(2) withholds full costs where the party disputing validity "satisfies the court that he was not aware of the grant of the certificate when he…
Choose your answer
Under the proviso to Section 113(2) of the Patents Act, 1970, the court shall not order full costs if the party disputing validity proves that:
Answer and explanation
Correct answer B
The proviso to section 113(2) withholds full costs where the party disputing validity "satisfies the court that he was not aware of the grant of the certificate when he raised the dispute and withdrew forthwith such defence when he became aware of such a certificate". Both elements must be shown; legal advice or a licence does not excuse him.
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