Title 35, PatentsRelease 119-110
§295 Presumption: Product Made by Patented Process
Title 35 › PART III — PATENTS AND PROTECTION OF PATENT RIGHTS › CHAPTER 29 — REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS › § 295
Summary
If a court finds a product was likely made by a process patented in the United States and the plaintiff couldn't reasonably learn how it was made, the product is presumed made that way and the accused must prove otherwise.
Full Legal Text
Title 35, §295
Patents, Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
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 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 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 of Pub. L. 100–418, set out as an
Effective Date
of 1988 Amendment note under section 271 of this title.
Reference
Citations & Metadata
Citation
35 U.S.C. § 295
Title 35, Patents
Last Updated
Sep 22, 2026
Release point: 119-110