PA 100 – Burden of proof in certain cases

Question 1

what does S100 concern

Answer 1

burden of proof in certain cases

Question 2

where does the burden of proof lie when a patent process creates a new product

Answer 2

S100(1)
production of the same product by an unauthorised second party is prima facie evidence of infringement of the process, unless it can be proved to the contrary

Question 3

what does an unauthorised second party who must provide the burden of proof not have to do to prove non-infringement

Answer 3

S100(2)
the burden of proof does not require the second party to reveal commercial secrets if it is unreasonable to do so

Question 4

what is S100 otherwise known as

Answer 4

the reversal of the normal burden of proof

Question 5

What does S100(2) mean the second party can do

Answer 5

They have the right to demonstrate their non-infringing production method in camera (confidentially) during proceedings without disclosure to the patent proprietor.