- If a case of infringement of a process patent is filed by a patentee or any person with right on the patent; and the patentee or the person with right on the patent proves that the products made out of the patented process and the opponent’s (defendant) process are identical to each other; the court may direct the defendant to prove that the process used by him (the opponent / defendant) to produce the product is different from the patented process used to produce the identical product if,
- the patent in suit is a process for obtaining a new product; or
- there is a strong fact to be believed that the process used by the opponent (defendant) to produce the identical product is the same patented process which the patentee or the person with right on the patent for the process were not able to find the actual process used to produce the identical product despite reasonable efforts made
- If the defendant has proved that the process used by him is different from the patented process or the product so produced is not identical to the product manufactured by the patented process; the Court shall not require him to disclose any manufacturing or business secrets, if the Court considers it unreasonable to do so.