If the patent relates to a process for obtaining a product, the court may order the defendant to prove that the process used to obtain an identical product is different from the patented process. If the defendant fails to provide such proof, any identical product manufactured without the consent of the patent owner will be presumed to have been obtained by the patented process in the following two cases:
a) The product obtained by the patented process is new;
b) There is a high probability that the identical product was obtained by the patented process, when the patent owner has not been able, despite reasonable efforts, to determine which process was in fact used.
In adducing evidence to the contrary, the legitimate interests of the defendant in protecting its trade secrets shall be taken into account.