2021 US Code
Title 35 - Patents
Part III - Patents and Protection of Patent Rights
Chapter 29 - Remedies for Infringement of Patent, and Other Actions
Sec. 295 - Presumption: Product made by patented process
| 35 U.S.C. § 295 (2021) |
| §295. Presumption: Product made by patented process |
|
In actions alleging infringement of a process patent based on the importation, sale, offer for sale, or use of a product which is made from a process patented in the United States, if the court finds— (1) that a substantial likelihood exists that the product was made by the patented process, and (2) that the plaintiff has made a reasonable effort to determine the process actually used in the production of the product and was unable to so determine, the product shall be presumed to have been so made, and the burden of establishing that the product was not made by the process shall be on the party asserting that it was not so made. |
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(Added Pub. L. 100–418, title IX, §9005(a), Aug. 23, 1988, 102 Stat. 1566; amended Pub. L. 103–465, title V, §533(b)(7), Dec. 8, 1994, 108 Stat. 4990.) |
| EDITORIAL NOTES
AMENDMENTS
1994—Pub. L. 103–465 substituted "sale, offer for sale, or use" for "sale, or use" in introductory provisions. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective on date that is one year after date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995], with provisions relating to earliest filed patent application, see section 534(a), (b)(3) of Pub. L. 103–465, set out as a note under section 154 of this title. EFFECTIVE DATESection effective 6 months after Aug. 23, 1988, and, subject to enumerated exceptions, applicable only with respect to products made or imported after such effective date, see section 9006 of Pub. L. 100–418, set out as an Effective Date of 1988 Amendment note under section 271 of this title. |
| United States Code, 2018 Edition, Supplement 3, Title 35 - PATENTS |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 35 - PATENTS PART III - PATENTS AND PROTECTION OF PATENT RIGHTS CHAPTER 29 - REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS Sec. 295 - Presumption: Product made by patented process |
| section 295 |
| 2021 |
| January 3, 2022 |
| Yes |
| standard |
| 102 Stat. 1566 108 Stat. 4990 |
| Public Law 100-418, Public Law 103-465 |
