Patents Ordinance, 2000 — section 63

63. Relief for infringement of partially valid specification..—(1) If in any proceedings for infringement of a patent it is found that any claim of the specification, being a claim in respect of which infringement is alleged, is valid, but that any other claim is invalid, the Court may grant relief in respect of any valid claim which is infringed: Provided that the Court shall not grant relief by way of damages or costs except in the circumstances mentioned in sub-section (2).

(2)Where the plaintiff proves that the invalid claim was framed in good faith and with reasonable skill and knowledge, the Court shall grant relief in respect of any valid claim which is infringed subject to the discretion of the Court as to costs and as to the date from which damages should be reckoned. 64. Proceedings for infringement by exclusive licensee. The holder of an exclusive license under a patent shall have the like right as the patentee to take proceedings in respect of any infringement of the patent committed after the date of the license, and in awarding damages or granting any other relief in any such proceedings the Court shall take into consideration any loss suffered or likely to be suffered by the exclusive licensee as such or, as the case may be, the profits earned by means of the infringement so far as it constitutes an infringement of the rights of the exclusive licensee as such.