113. Certificate of validity of specification and costs of subsequent suits for infringement thereof
(1) If, in revocation proceedings before the High Court under sections 64 and 104, the validity of a specification claim is contested and found valid, the High Court may certify that the claim’s validity was contested and upheld.
(2) Where such a certificate has been granted, and in a later suit for infringement of that claim, or later revocation proceedings on that claim, the patentee obtains a final order/judgment in his favour, he is entitled to full costs of that suit or proceeding relating to the certified claim, unless the trying court directs otherwise — unless the party disputing validity satisfies the court he was unaware of the certificate and withdrew the defence promptly on learning of it.
(3) Nothing in this section authorises appellate courts to pass costs orders on the scale referred to here.
