Law of Patents Layout Designs of Integrated Circuits 1

Subject to the legitimate interests of the defendant in protecting his industrial and commercial secrets, if the subject matter of the patent claimed to be infringed upon is a process to manufacture a certain product, the defendant must prove that the identical product was not manufactured by this process without the consent of the owner of the protection document, if one of the following two conditions is satisfied: a) Where the product obtained through a patented industrial process is a new product. b) Where there is a substantial probability that the identical product was manufactured through the patented industrial process, and the owner of the protection document was unable to determine the method actually used, by exerting reasonable efforts in this respect. Chapter 3: Provisions Governing Layout Designs of Integrated Circuits