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35 U.S.C. § 271

Infringement of patent

United States · Title 35 — PATENTS · Status: effective

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35 U.S.C. § 271, Infringement of patent, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/470894
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It shall be an act of infringement to submit— For an act of infringement described in paragraph (2)— Subparagraph (B) applies, in lieu of paragraph (4), in the case of a patent— for which an action for infringement of the patent with respect to the biological product— Whoever without authority imports into the United States or offers to sell, sells, or uses within the United States a product which is made by a process patented in the United States shall be liable as an infringer, if the importation, offer to sell, sale, or use of the product occurs during the term of such process patent. In an action for infringement of a process patent, no remedy may be granted for infringement on account of the noncommercial use or retail sale of a product unless there is no adequate remedy under this title for infringement on account of the importation or other use, offer to sell, or sale of that product. A product which is made by a patented process will, for purposes of this title, not be considered to be so made after—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.

  • Amended byPub. L. 98-417(S. 1538)1984-09-24
    An act to amend the Federal Food, Drug, and Cosmetic Act to revise the procedures for new drug applications, to amend title 35, United States Code, to authorize the extension of the patents for certain regulated products, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 98-622(H.R. 6286)1984-11-08
    Patent Law Amendments of 1984
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-418(H.R. 4848)1988-08-23
    Omnibus Trade and Competitiveness Act of 1988
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-670(S. 2843)1988-11-16
    Generic Animal Drug and Patent Term Restoration Act
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-703(H.R. 4972)1988-11-19
    A bill to authorize appropriations for the Patent and Trademark Office in the Department of Commerce, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 102-560(S. 758)1992-10-28
    Patent and Plant Variety Protection Remedy Clarification Act
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 103-465(H.R. 5110)1994-12-08
    Uruguay Round Agreements Act
  • Amended byPub. L. 108-173(H.R. 1)2003-12-08
    Medicare Prescription Drug, Improvement, and Modernization Act of 2003
  • Amended byPub. L. 111-148(H.R. 3590)2010-03-23
    Patient Protection and Affordable Care Act