126Proceedings for non‑infringement declarations

126 Proceedings for non‑infringement declarations

(1) A prescribed court must not make a non‑infringement declaration unless: (a) the applicant for the declaration: (i) has asked the patentee in writing for a written admission that the doing of the act has not infringed, or would not infringe, the patent; and (ii) has given the patentee full written particulars of the act done, or proposed to be done; and (iii) has undertaken to pay a reasonable sum for the patentee’s expenses in obtaining advice about whether the act has infringed or would infringe the claim; and (b) the patentee has refused or failed to make the admission. (2) The court may make orders as to costs as the court thinks fit.