In force2023 Revised EditionCurrent version · 2023 Revised EditionSee versions on Attorney General's Chambers(opens the publisher’s site)
Patents Act · 2023 Revised Edition · Part · Infringement of Patents
Patents Act · 2023 Revised Edition · Part · Infringement of Patents
Official textFrom Attorney General's Chambers, unchanged
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
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
Patents 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.
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.
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
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