Patents Act, 1978 (Act No. 57 of 1978)

Chapter XII : Evidence

74. Certification of validity

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(1)If in any proceedings the validity of any claim in a complete specification is in issue, the commissioner or the court, as the case may be, finding that claim to be valid, may certify to that effect.

 

(2)If in any subsequent proceedings the validity of that claim is unsuccessfully attacked by any party, that party shall, unless the commissioner or the court, as the case may be, otherwise directs, pay to the other party his full costs, charges and expenses as between patent agent or patent attorney or attorney and client so far as that claim is concerned.