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—
(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.)

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.
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 ofPub. L. 100–418, set out as an Effective Date of 1988 Amendment note under section 271 of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

35 USCDescription of ChangeSession YearPublic LawStatutes at Large


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