#infringement
This video discusses the burden of proof in process patents under Section 104A of the Indian Patents Act. According to this section, the burden of proof of infringement is on the plaintiff or patentee. However, in the case of process patents, if a similar product is made/used/sold by an infringer and the plaintiff is unable to obtain all the details about the process used by the infringer to manufacture the similar product, the burden may get shifted to the defendant to prove that the process is different from the patented process. This video provides an insightful overview of the legal framework governing process patents in India and the implications of Section 104A on the burden of proof in patent infringement cases.