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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Terms Used In 35 USC 295

  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • process: means process, art or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material. See 35 USC 100