Fabio
76b8ec33a7
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
54 lines
2.7 KiB
Markdown
54 lines
2.7 KiB
Markdown
---
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type: "LegalText"
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title: "35 U.S.C. § 295"
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description: "Presumption: Product made by patented process"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 35
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title_name: "PATENTS"
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chapter_number: "29"
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chapter_name: "REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS"
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section: "295"
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citation: "35 U.S.C. § 295"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc35@119-100.zip"
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source_identifier: "/us/usc/t35/s295"
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source_file: "data/legal/raw/us/code/title-35/usc35.xml"
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source_hash: "18d070042f3c7f4050a6a02249efbb3815099d103b9ff290c81e44683735b044"
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raw_snapshot_hash: "736cab508592dcf50013a1aed5ab108f72fd8493e76afc46848cdc35da38bbe3"
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text_hash: "83e228b1bd03860237f2322677ea1f624310d63fff516747b692edbe9f287c9f"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 35 U.S.C. § 295 - Presumption: Product made by patented process
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## Text
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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—
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(1) that a substantial likelihood exists that the product was made by the patented process, and
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(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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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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(Added Pub. L. 100–418, title IX, § 9005(a), Aug. 23, 1988, 102 Stat. 1566; amended Pub. L. 103–465, title V, § 533(b)(7), Dec. 8, 1994, 108 Stat. 4990.)
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## Notes
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Editorial Notes
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Amendments1994—Pub. L. 103–465 substituted “sale, offer for sale, or use” for “sale, or use” in introductory provisions.
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Statutory Notes and Related Subsidiaries
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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.
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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.
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