560. Burden of proof.

The burden of proving title1 and infringement2 lies on the claimant. Probably the onus on all objections to validity lies on the defendant3, but it is the practice for the claimant to lead evidence to establish validity, where appropriate4; and it has been usual to give formal evidence as to validity even if the defendant does not appear at the trial5. The onus on issues relating to prior user and publication lies on the defendant