569. Restrictions on the recovery of damages.

The right to recover damages in proceedings for infringement of a patent is subject to the following statutory restrictions:

  1.  

    (1)     in proceedings for the infringement of a patent, damages may not be awarded, and no order may be made for an account of profits, against a defendant who proves that at the date of the infringement he was not aware, and had no reasonable grounds for supposing, that the patent existed1;

  2.  

    (2)     where an amendment of the specification of a patent2 has been allowed, the court or the comptroller3, when awarding damages or making an order for an account