Section 66
Reversal of burden of proof
of Patents Act
ActIn forceProvision 66 of 114
Section 66
(1)
In any proceedings for the infringement of a patent, where the subject matter of the patent is a process for obtaining a new product, the burden of proving that a product is not made by the process shall be on the alleged infringer if the product is new or a substantial likelihood exists that
Patents
B.L.R.O. 6/2023 97
the product is made by the process and the proprietor of the patent has been unable through reasonable efforts to determine the process actually used.
(2)
In considering whether a party has discharged the burden imposed upon him by this section, the court shall not require him to disclose any manufacturing or commercial secret if it appears to the court that it would be unreasonable to do so.