Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 115

Restriction on recovery of damages etc.

             (1)  Where a complete specification is amended after becoming open to public inspection, damages shall not be awarded, and an order shall not be made for an account of profits, in respect of any infringement of the patent before the date of the decision or order allowing or directing the amendment:

                     (a)  unless the court is satisfied that the specification without the amendment was framed in good faith and with reasonable skill and knowledge; or

                     (b)  if the claim of the specification that was infringed is a claim mentioned under subsection 114(1).

             (2)  Subsection (1) has effect subject to subsections 57(3) and (4).



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