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Section 104A: Burden of proof in case of suits concerning infringement.

The Patents Act, 1970Central Act · Act 39 of 1970

[104A. Burden of proof in case of suits concerning infringement.--(1) In any suit for infringement of a patent, where the subject matter of patent is a process for obtaining a product, the court may direct the defendant to prove that the process used by him to obtain the product, identical to the product of the patented process, is different from the patented process if,--

(a) the subject matter of the patent is a process for obtaining a new product; or

(b) there is a substantial likelihood that the identical product is made by the process, and the patentee or a person deriving title or interest in the patent from him, has been unable through reasonable efforts to determine the process actually used:

Provided that the patentee or a person deriving title or interest in the patent from him, first proves that the product is identical to the product directly obtained by the patented process.

(2) In considering whether a party has discharged the burden imposed upon him by sub-section (1), the court shall not require him to disclose any manufacturing or commercial secrets, if it appears to the court that it would be unreasonable to do so.]

Where this provision sits

ActThe Patents Act, 1970
Section104A
Marginal noteBurden of proof in case of suits concerning infringement.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Act 38 of 2002. . Ins. by Act 38 of 2002, s. 43 (w.e.f. 20-5-2003).

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