Section 104A of The Patents Act, 1970, PA : Section 104A: Burden Of Proof In Case Of Suits Concerning Infringement

Explanation using Example

Let's consider a hypothetical scenario for the application of Section 104A of The Patents Act, 1970. Assume that Company A holds a patent for a unique process of manufacturing a certain type of eco-friendly plastic. Company B starts selling a new type of eco-friendly plastic that is identical to the one produced by Company A's patented process. Company A suspects that Company B is infringing on their patent but is unable to determine the exact process used by Company B despite reasonable efforts.

In a lawsuit filed by Company A against Company B for patent infringement, the court, under Section 104A, may direct Company B to prove that their process of obtaining the identical product is different from Company A's patented process. However, the court will not require Company B to disclose any manufacturing or commercial secrets if it deems it unreasonable to do so. Also, it's important that Company A first proves that the product made by Company B is identical to the product directly obtained by their patented process.