§ 295. — Presumption: Product made by patented process.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC295]
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
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, Sec. 9005(a), Aug. 23, 1988, 102 Stat.
1566; amended Pub. L. 103-465, title V, Sec. 533(b)(7), Dec. 8, 1994,
108 Stat. 4990.)
Amendments
1994--Pub. L. 103-465 substituted ``sale, offer for sale, or use''
for ``sale, or use'' in introductory provisions.
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 Date
Section 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.
