§ 295. Presumption: Product made by patented process

282 words·~1 min read·/usc/title-35/section-295

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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.

(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.)

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Pub. L. 100–418, title IX, § 9005(a)
102 Stat. 1566
Pub. L. 103–465, title V, § 533(b)(7)
108 Stat. 4990
Pub. L. 103–465
section 9006 of Pub. L. 100–418

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§ 295

Presumption: Product made by patented process

U.S.C.×3

U.S.C.§ 154

U.S.C.§ 271

Pub. L.Pub. L. 100–418, title IX, § 9005(a)

Stat.102 Stat. 1566

Pub. L.Pub. L. 103–465, title V, § 533(b)(7)

Stat.108 Stat. 4990

Pub. L.Pub. L. 103–465

Cites 8 · showing 7Cited by 3 across 1 source