Court’s power to grant relief if threats related to a standard patent or standard patent application

In force

If an application under section 128 for relief relates to threats made in respect of a standard patent or an application for a standard patent, the court may grant the applicant the relief applied for unless the respondent satisfies the court that the acts about which the threats were made infringed, or would infringe:

(a)

a claim that is not shown by the applicant to be invalid; or

(b)

rights under section 57 in respect of a claim that is not shown by the applicant to be a claim that would be invalid if the patent had been granted.

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129 Court’s power to grant relief if threats related to a standard patent or standard patent application