35 U.S.C. § 271
Infringement of patent
United States · Title 35 — PATENTS · Status: effective
Cite this
- Citation
- 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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Full text
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 The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.
- 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
- Patent Law Amendments of 1984House: no recorded tallySenate: no recorded tally
- Omnibus Trade and Competitiveness Act of 1988House: no recorded tallySenate: no recorded tally
- Generic Animal Drug and Patent Term Restoration ActHouse: no recorded tallySenate: no recorded tally
- 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
- Patent and Plant Variety Protection Remedy Clarification ActHouse: no recorded tallySenate: no recorded tally
- Uruguay Round Agreements Act
- Medicare Prescription Drug, Improvement, and Modernization Act of 2003
- Patient Protection and Affordable Care Act