111. Restriction on power of court to grant damages or account of profits for infringement
(1) Damages or an account of profits shall not be granted against a defendant who proves he was unaware, and had no reasonable grounds to believe, that the patent existed at the date of infringement.
Explanation: Marking an article “patent” or “patented” does not by itself impute awareness unless the patent number accompanies the word.
(2) The court may refuse damages or profits for infringement after failure to pay a renewal fee within the prescribed period and before any extension of that period.
(3) Where a specification was amended by disclaimer, correction or explanation after publication, no damages or profits are granted for use before the amendment decision, unless the court is satisfied the original specification was framed in good faith with reasonable skill and knowledge.
(4) This section does not affect the court’s power to grant an injunction.
