Carga probatoria dinámica : inversión de la carga de la prueba en las patentes de procedimiento.

Abstract

In this paper we expose the existing problems in the application of the legal figure of reversal of the burden of proof in proceedings for infringement of patents that invoked a process. It will be determined whether this legal tool of reversal of the burden of proof that has been chosen in civil proceedings for infringement of a process patent, is a different and independent institution from the presumption juris tantum that is configured ipso iure when alleging an infringement of the exclusive industrial property right or whether on the contrary they operate as a single legal structure. Several important issues of the patent system are addressed in generalities, which practically underlie the subject matter of the controversy. Likewise, and consequently, we will explore opinions, doctrinal concepts that enable the study of the burden of proof and its theory of the dynamic burden of proof. We will finally conclude with the legal problem, without first clarifying the need to adopt the figure of inversion of the burden of proof in this type of proceedings and finally we will analyze the requirements or conditions of the legal institution of presumption juris tantum and we will see if they are suitable and really effective conditions or if on the contrary, they represent some problem that must be amended.