REVERSAL OF THE BURDEN OF PROOF FOR NEW PRODUCTS ONLY §155 PATG (OGH 17.07.2014, 4 OB 101/14B)
September 7th, 2014According to §155 PatG every product of the same nature qualifies as compounded after the patent procedure until it is proved otherwise. The reversal of the burden of proof is not applicable if it’s about an older product. An entrepreneur has to reveal his manufacturing method only if his product is new and there is a certain possibility that he uses a patented procedure.