ANNEX TO EXPLANATORY NOTES: PATENTS ACT 2004:AMENDMENTS TO THE PATENTS ACT 1977 Section 106 – Costs and expenses in proceedings before the Court under section 40
(1)In proceedings before the court under section 40 above (whether on an application or on appeal to the court) proceedings to which this section applies, the court, in determining whether to award costs or expenses to any party and what costs or expenses to award, shall have regard to all the relevant circumstances, including the financial position of the parties.
(1A)This section applies to proceedings before the court (including proceedings on an appeal to the court) which are –
(a)proceedings under section 40;
(b)proceedings for infringement;
(c)proceedings under section 70; or
(d)proceedings on an application for a declaration or declarator under section 71.
[ Subsection (2) is unchanged ]