Restrictions on recovery of damages for infringement

(1) In proceedings for infringement of a patent, damages shall not be awarded, and no order shall be made for an account of profits, against a defendant who proves that at the date of the infringement he was not aware, and had no reasonable grounds for supposing that the patent existed; and a person shall not be 41 taken to have been aware or to have had reasonable grounds for so supposing by reason only of the application to a product of the word “patent” or “patented”, or any word or words expressing or implying that a patent has been obtained for the product, unless the number of the patent accompanied the word or words in question. (2) Where an amendment of the description of a patent has been allowed under the provisions of this Act, no damages shall be awarded in proceedings for an infringement of the patent committed before the decision to allow the amendment, unless the Court is satisfied that the description as published was framed in good faith and with reasonable skill and knowledge.