Reviewed case brief
V.K. Industries v. HCL Ltd.
2014 (60) PTC 290 (Del)
The Delhi High Court applied Section 104A of the Patents Act, 1970, holding that in suits for infringement of a process patent, the burden shifts to the defendant to prove that the process used by them is different from the patented process, provided certain conditions are met.
- Court
- Delhi High Court
- Year
- 2014
- Subjects
- Intellectual Property Law
- Reviewed
- 2026-06-18
Rule established
In process patent infringement cases, Section 104A reverses the burden of proof onto the defendant to show that the process used is different from the patented process
Facts
- V.K. Industries held a process patent for a method of manufacturing a specific product
Issues
Held
- Section 104A **reverses the burden of proof** in process patent infringement cases
Ratio decidendi
Under Section 104A of the Patents Act, 1970, in infringement proceedings relating to a process patent, the court shall presume that the defendant's identical product was obtained by the patented process unless the defendant proves otherwise. This reversal of the normal burden of proof is triggered when the product is new or when there is a substantial likelihood of the patented process being used and the patent holder cannot determine the actual process through reasonable efforts. The provision
How to use it in an exam
- Deploy when discussing remedies and procedural aspects of patent infringement
Editorial source
2014 (60) PTC 290 (Del); verified via SCC Online
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.