Burden of proof of patent

See: Some Provisions of the Supreme People's Court on Evidence in Civil Litigation.

Article 4 clearly stipulates that the following tort litigation shall bear the burden of proof in accordance with the following provisions:

(1) In a patent infringement lawsuit caused by a new product manufacturing method invention patent, the unit or individual that manufactures the same product shall bear the burden of proof that its product manufacturing method is different from the patented method;

(2) In the tort litigation of damage caused by highly dangerous operation, the injurer shall bear the burden of proof for the fact that the victim intentionally caused damage;

(3) In the lawsuit of compensation for environmental pollution damage, the injurer shall bear the burden of proof for the exemption provided by law and the fact that there is no causal relationship between his behavior and the damage result;

(4) The owner or manager shall bear the burden of proof for the tort lawsuit of the building or other facilities and the shelving, collapse, falling off or damage caused by the building;

(5) In an infringement lawsuit caused by raising animals, the animal breeder or manager shall bear the burden of proof that the victim is at fault or the third party is at fault;

(6) For infringement litigation caused by defective products, the producer of the product shall bear the burden of proof for the exemption provided by law;

(7) In an infringement lawsuit that * * * causes damage to others due to the same dangerous behavior, the person who commits the dangerous behavior shall bear the burden of proof that there is no causal relationship between his behavior and the damage result;

(eight) in the tort litigation caused by medical behavior, medical institutions should bear the burden of proof that there is no causal relationship between medical behavior and damage results and that there is no medical fault.

Where the relevant laws have special provisions on the burden of proof in tort litigation, such provisions shall prevail.