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35 U.S.C. § 295 — Presumption: Product made by patented process
Federal law — U.S. Code and appendices · legal_authorities
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.
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Stable record: federal_law:legal_authorities:record_usc_8ba80f81680a59ab08339036
Source file: Laws/federal/codes/united-states-code/title-35/section-295-presumption-product-made-by-patented-process--8a2a0348fc.md
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Source location: Title 35, Chapter 29, § 295; chapter-029-remedies-for-infringement-of-patent-and-other-actions.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.
**(b)** Whoever actively induces infringement of a patent shall be liable as an infringer.
**(c)** Whoever offers to sell or sells within the United States or imports into the United States a component of a patented machine, manufacture, combination or composition, or a material or apparatus for use in practicing a patented process, constituting a material part of the invention, knowing the same to be especially made or especially adapted for use in an infringement of such patent, and not a staple article or commodity of commerce suitable for substantial noninfringing use, shall be liable as a contributory infringer.
**(d)** No patent owner otherwise entitled to relief for infringement or contributory infringement of a patent shall be denied relief or deemed guilty of misuse or illegal extension of the patent right by reason of his having done one or more of the following: (1) derived revenue from acts which if performed by another without his consent would constitute contributory infringement of the patent; (2) licensed or authorized another to perform acts which if performed without his consent would constitute contributory infringement of the patent; (3) sought to enforce his patent rights against infringement or contributory infringement; (4) refused to license or use any rights to the patent; or (5) conditioned the license of any rights to the patent or the sale of the patented product on the acquisition of a license to rights in another patent or purchase of a separate product, unle
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 271
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) **Contents.—** — Every patent shall contain a short title of the invention and a grant to the patentee, his heirs or assigns, of the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States, and, if the invention is a process, of the right to exclude others from using, offering for sale or selling throughout the United States, or importing into the United States, products made by that process, referring to the specification for the particulars thereof.
(2) **Term.—** — Subject to the payment of fees under this title, such grant shall be for a term beginning on the date on which the patent issues and ending 20 years from the date on which the application for the patent was filed in the United States or, if the application contains a specific reference to an earlier filed application or applications under section 120, 121, 365(c), or 386(c), from the date on which the earliest such application was filed.
(3) **Priority.—** — Priority under section 119, 365(a), 365(b), 386(a), or 386(b) shall not be taken into account in determining the term of a patent.
(4) **Specification and drawing.—** — A copy of the specification and drawing shall be annexed to the patent and be a part of such patent.
**(b) Adjustment of Patent Term.—**
(1) **Patent term guarantees.—**
(A) *Guarantee of prompt patent and trademark office responses.—* — Subject to the limitations under paragraph (2), if the issue of an original patent is delayed due to the failure of the Patent and Trademark Office to—
(i) provide at least one of the notifications under section 132 or a notice of allowance under section 151 not later than 14 months after—
(I) the d
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 154
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The United States Patent and Trademark Office is established as an agency of the United States, within the Department of Commerce. In carrying out its functions, the United States Patent and Trademark Office shall be subject to the policy direction of the Secretary of Commerce, but otherwise shall retain responsibility for decisions regarding the management and administration of its operations and shall exercise independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions in accordance with this title and applicable provisions of law. Those operations designed to grant and issue patents and those operations which are designed to facilitate the registration of trademarks shall be treated as separate operating units within the Office.
**(b) Offices.—** The United States Patent and Trademark Office shall maintain its principal office in the metropolitan Washington, D.C., area, for the service of process and papers and for the purpose of carrying out its functions. The United States Patent and Trademark Office shall be deemed, for purposes of venue in civil actions, to be a resident of the district in which its principal office is located, except where jurisdiction is otherwise provided by law. The United States Patent and Trademark Office may establish satellite offices in such other places in the United States as it considers necessary and appropriate in the conduct of its business.
**(c) Reference.—** For purposes of this title, the United States Patent and Trademark Office shall also be referred to as the “Office” and the “Patent and Trademark Office”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 1
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Federal law — U.S. Code and appendices · legal_authorities
Page 119
TITLE 35—PATENTS
§ 297
of Pub. L. 106–113, set out as a note under section 1 of
this title.
EFFECTIVE DATE
Pub. L. 97–247, § 17(c), Aug. 27, 1982, 96 Stat. 323, pro-
vided that: ‘‘Sections 5, 6, 8 through 12, and 17(b) of this
Act [enacting this section and amending sections 21,
111, 116, and 256 of this title and sections 1058, 1063, 1064,
1065, and 1066 of Title 15, Commerce and Trade] shall
take effect six months after enactment [Aug. 27, 1982].’’
§ 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 un-
able 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.)
Editorial Notes
AMENDMENTS
1994—Pub. L. 103–465 substituted ‘‘sale, offer for sale,
or use’’ for ‘‘sale, or use’’ in introductory provisions.
Statutory Notes and Related Subsidiaries
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 en-
ters into force with respect to the United States [Jan.
1, 1995], with provisions relating to earliest filed patent
application, see se
Source: Supplied 2024 U.S. Code historical extraction · 35 U.S.C. § 295
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