European Union
Saint Kitts and Nevis
Patents (including Plant Variety Protection)
38. Please explain how your legislation provides for the reversal of the burden of proof in relation to process patents.
Section 40(7) provides that in any proceedings for infringement, other than criminal proceedings, where the subject matter of the patent is a process for obtaining a product, the burden of establishing that the product was not made by the process shall rest on the defendant if (a) the product is new; or (b) a substantial likelihood exists that the product was made using another process and the patentee has been unable, through reasonable efforts, to determine the process used.