After section 104 of the principal Act, the following section shall be inserted, namely:-" 104A. Burden of proof in case of suits concerning infringement.-(1)In any suit for infringement of a patent, where the subject matter of patent is a process for obtaining a product, the court may direct the defendant to prove that the process used by h m to obtain the product, identical to the product of the patented process, is different from the patented process if,-(a) the subject matter of the patent is a process for obtaining a new product; or(b)there is a substantial likelihood that the identical product is made by the process, and the patentee or a person deriving title or interest in the patent from him, has been unable through reasonable efforts to determine the process actually used: Provided that the patentee or a person deriving title or interest in the patent from him, first proves that the product is identical to the product directly obtained by the patented process.(2) In considering whether a party has discharged the burden imposed upon him by sub- section (1), the court shall not require him to disclose any manufacturing or commercial secrets, if it appears to the court that it would be unreasonable to do so.".
