The general principle in infringement proceedings is that the patentee has the onus of proving infringement. However, the burden of proof is shifted in the case of a patent for a process of obtaining a new product, but only in regard to proving that such a product produced by a third party was obtained by the patented process.
In this regard section 67(2) and (3) provides as follows:
"67.(2) If the invention for which a patent is granted is a process for obtaining a new product, the same product produced by a person other than the proprietor of the patent or a licensee under that patent shall, unless the contrary is proved, be deemed, in any proceedings, to have been obtained by that process.
(3) In considering whether any person has discharged the onus imposed upon him by subsection (2), the commissioner shall not require him to disclose any secret process used by him in producing the product concerned, if it appears to the commissioner that it would be unreasonable to do so."
