The Infringer's Burden In Process Patent Suits In India

Summary:

Indian patent law contains a unique provision that shifts the burden of proof onto the accused / infringer in process patent suits. But this applies only if certain conditions are met. The Delhi High Court clarifies what those are, and when the law kicks in .

Introduction

Enforcing a process patent is one of the most complex areas of patent litigation, as the allegedly infringing act would be concealed in the defendant's manufacturing operations. In such matters, proving the infringement becomes particularly challenging. Section 104A of the Patents Act, 1970 (the 'Act') comes in useful here, as it departs from the general rule that the burden of proof rests with the party asserting infringement.