35 U.S.C. § 295

Title 35 Chapter 29 Current through PL 116-220 ~1 min read Last updated: March 30, 2026 View on OLRC →

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§ 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,

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