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[Cites 0, Cited by 0] [Section 43(1)] [Section 43] [Entire Act]

Union of India - Subsection

Section 43(1)(b) in The Patents (Amendment) Act, 2002

(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.".