Article
Patentee’s Burden Of Proof In Infringement Case Involving Patented Process For Obtaining New Product 3M Company v. Zhejing Daoming Investment Co., Ltd.(Article No. 12 From "China Patent Case Review 2014" By Beijing East IP Ltd.)
According to Article 61, Paragraph 1 of the Chinese Patent Law (2009), a patentee may choose to shift its burden of proof for infringing process to the defendant when the patented process is for obtaining new product.
Beijing East IP Law Firm
