How to understand the new product stipulated in the second paragraph of Article 57 of the Patent Law?
If the infringer manufactures and sells according to the patent scheme, (non-new products) directly infringe the rights of the patentee. In litigation, the patentee shall bear the burden of proof according to the rule of who advocates who gives evidence. However, because it is manufactured in full accordance with the patent scheme, the obligee only needs to prove this. In the case of new products, the infringer provides a defense that is not raised in this way, and it is not a problem of inversion of the burden of proof.