Burden of Proof in Opposition
The burden of proof generally lies upon an opponent to establish insufficiency of disclosure. However, "when the patent does not give any information of how a feature of the invention can be put into practice" and if the opponent plausibly argues that "common general knowledge would not enable the skilled person to put this feature into practice", the burden of proof can be shifted to the patentee to show that "common general knowledge would indeed enable the skilled person to carry out the invention."
Read more about this topic: Disclosure Of The Invention Under The European Patent Convention
Famous quotes containing the words burden, proof and/or opposition:
“God knows that any man who would seek the presidency of the United States is a fool for his pains. The burden is all but intolerable, and the things that I have to do are just as much as the human spirit can carry.”
—Woodrow Wilson (1856–1924)
“O, popular applause! what heart of man
Is proof against thy sweet, seducing charms?”
—William Cowper (1731–1800)
“To die proudly when it is no longer possible to live proudly. Death freely chosen, death at the right time, brightly and cheerfully accomplished amid children and witnesses: then a real farewell is still possible, as the one who is taking leave is still there; also a real estimate of what one has wished, drawing the sum of one’s life—all in opposition to the wretched and revolting comedy that Christianity has made of the hour of death.”
—Friedrich Nietzsche (1844–1900)