Relief for infringement of partially valid patent

(1) If the validity of a patent is put in issue in proceedings for infringement of the patent and it is found that the patent is only partially valid, the Court may, subject to sub-section (2), grant relief in respect of that part of the patent which is found to be valid and infringed. (2) Where in any such proceedings it is found that a patent is only partially valid, the Court shall not grant relief by way of damages, costs or expenses, except where the plaintiff proves that the description was framed in good faith and with reasonable skill and knowledge and, in that event, the Court may grant relief in respect of that part of the patent which is valid and infringed, subject to the discretion of the Court as to costs or expenses and as to the date from which damages should be reckoned. (3) As a condition of relief under this section, the Court may direct that the description be amended to its satisfaction upon an application made for that purpose under section 48 and an application may be so made accordingly, whether or not all other issues in the proceedings have been determined.