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-
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.
35 U.S.C. § 295
EDITORIAL NOTES
AMENDMENTS1994- 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 AMENDMENTAmendment 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.
EFFECTIVE DATESection 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 of Pub. L. 100-418 set out as an Effective Date of 1988 Amendment note under section 271 of this title.
- process
- The term "process" means process, art or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material.
- United States
- The terms "United States" and "this country" mean the United States of America, its territories and possessions.