An International Guide to
Patent Case Management for Judges

9.5.3 Remedies for infringement

Certain remedies for infringement that may be claimed are specified by Section 61 of the Act:

1. (a) an injunction restraining the defendant from any apprehended act of infringement;
2. (b) an order for him to deliver up or destroy any patented product in relation to which the patent is infringed or any article in which that product is inextricably comprised;
3. (c) damages in respect of the infringement;
4. (d) an account of the profits derived by him from the infringement;
5. (e) a declaration that the patent is valid and has been infringed by him.⁸⁴

However, these remedies are said in Section 61 to be “without prejudice to any other jurisdiction of the court.” Remedies are dealt with in more detail in Section 9.7 below.