35 U.S.C. § 295

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 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.

35 U.S.C. § 295

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

AMENDMENTS1994- 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 AMENDMENTAmendment 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.

process

The term "process" means process, art or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material.

United States

The terms "United States" and "this country" mean the United States of America, its territories and possessions.