§ 295. Presumption: Product made by patented process

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1988

   Process Patent Amendments Act of 1988

   Pub. L. 100–418 title IX § 9005(a) · 102 Stat. 1107

   Enacted · 35 U.S.C. § 295

   Added Pub. L. 100–418, title IX, § 9005(a), Aug. 23, 1988, 102 Stat. 1566

   Source evidence

   Code source credit
   Added Pub. L. 100–418, title IX, § 9005(a), Aug. 23, 1988, 102 Stat. 1566

   Enacted provision · exact public law section
   (a) Presumption That Product Made by Patented Process.— Chapter 29 of title 35, United States Code, is amended by adding at the end the following: “§ 295. Presumption: Product made by patented process “In actions alleging infringement of a process patent based on the importation, 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.”.

2. 1994

   Pub. L. 103–465 title V § 533(b)(7) · 108 Stat. 4809

   Substituted · 35 U.S.C. § 295

   Pub. L. 103–465 substituted “sale, offer for sale, or use” for “sale, or use” in introductory provisions

   Source evidence

   Code amendment note
   Pub. L. 103–465 substituted “sale, offer for sale, or use” for “sale, or use” in introductory provisions.

   Enacted provision · exact public law section
   (7) Section 295 of title 35, United States Code, is amended by striking “sale, or use” and inserting “sale, offer for sale, or use”.

   Effective date note
   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.

2 of 2 references resolved to an enrolled provision