US Code

Public Law 119-73 (01/23/2026)

35 U.S.C. § 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.

Pub. L. 100–418, title IX, § 9005(a)102 Stat. 1566Pub. L. 103–465, title V, § 533(b)(7)108 Stat. 4990(Added , , ; amended , , .)

Editorial Notes

Amendments

Pub. L. 103–4651994— substituted “sale, offer for sale, or use” for “sale, or use” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–465Pub. L. 103–465section 154 of this titleAmendment by effective on date that is one year after date on which the WTO Agreement enters into force with respect to the United States [], with provisions relating to earliest filed patent application, see section 534(a), (b)(3) of , set out as a note under .

Effective Date

section 9006 of Pub. L. 100–418section 271 of this titleSection effective 6 months after , and, subject to enumerated exceptions, applicable only with respect to products made or imported after such effective date, see , set out as an Effective Date of 1988 Amendment note under .