How is the burden of proof handled for process patents?
If a product is identical to one made by a patented process, it is presumed to be made by that process. This presumption applies if the product is new or if there is a high likelihood the process was used. The defendant must then prove their process was actually different from the patented one. This rule on the burden of proof is in Section 78 Intellectual Property Code of the Philippines. “SEC. 78. Process Patents; Burden of Proof. – If the subject matter of a patent is a process for obtaining a product, any identical product shall be presumed to have been obtained through the use of the patented process…” January 3, 2026About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
