S. 104A of Patents Act can be invoked at interim stage for disclosure of manufacturing process : Inside Delhi HC verdict in Roche’s plea seeking disclosure of Zydus’s ‘Sigrima’ process
The intent behind Section 104A of the Act is to shift the onus of proof from the plaintiff to the defendant in cases involving infringement of process patents. This is premised on the fact that the process adopted by a defendant in manufacturing its product would only be known to the defendant and would be difficult for the plaintiff to determine.