PA 65 – Certificate of contested validity of patent

Question 1

What does S65 concern

Answer 1

certificate of contested validity

Question 2

What is a certificate of contested validity

Answer 2

S65(1)
If, during court / Comptroller proceedings, the patent is contested but found valid (partially or wholly), a certificate to that effect can be awarded

Question 3

What does a certificate of contested validity give

Answer 3

S65(2)
If awarded, then any subsequent proceedings that unsuccessfully contest validity, the proprietor is entitled to costs from the other party on an “indemnity” basis

Question 4

what does costs on an indemnity basis mean

Answer 4

paying reasonable legal costs of the other side

Question 5

what is the practical effect a certificate of contested validity

Answer 5

it can deterring multiple harassing revocation proceedings

Question 6

When are certificates of contested validity issued

Answer 6

generally following unsuccessful revocation proceedings