"Recently I was researching the provisions concerning the reversal of the burden of proof in diffrent jurisdictions and, to my surprise, I found that the ability to request reversal of burden of proof is not as simple as it may be thought or "advertised" in the matter of process patents. In fact,the patentee has to satisfy specific conditions (see for example, Section 100 of UK Patents Act in the UK), before he can get to reverse the burden of proof against an alleged infringer".Aaradhana has attached this table, on which she is still working, comparing the provisions governing the reversal of the burden of proof across some important jurisdictions. If any readers would like to contact her with their comments, can they please email her here.
Wednesday, 17 February 2010
Reversing the burden of proof: some work in progress
Aaradhana Sadasivam (KhattarWong, Singapore) has written to PatLit as follows: