35 U.S. Code § 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—
(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.
Source(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.)
1994—Pub. L. 103–465substituted “sale, offer for sale, or use” for “sale, or use” in introductory provisions.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–465effective 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) ofPub. L. 103–465, set out as a note under section 154 of this title.