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 of, burden, proof and/or opposition:
“Bowed by the weight of centuries he leans Upon his hoe and gazes on the ground, The emptiness of ages in his face, And on his back the burden of the world.”
—Edwin Markham (1852–1940)
“Christianity came into existence to lighten the heart, but now it needs to burden the heart to start with so it can lighten it afterwards. Consequently, it will perish.”
—Friedrich Nietzsche (1844–1900)
“A short letter to a distant friend is, in my opinion, an insult like that of a slight bow or cursory salutation—a proof of unwillingness to do much, even where there is a necessity of doing something.”
—Samuel Johnson (1709–1784)
“A man with your experience in affairs must have seen cause to appreciate the futility of opposition to the moral sentiment. However feeble the sufferer and however great the oppressor, it is in the nature of things that the blow should recoil upon the aggressor. For God is in the sentiment, and it cannot be withstood.”
—Ralph Waldo Emerson (1803–1882)