TITLE 35 - PATENTS

35 U.S.C. §§ 154, 271 - Process Patent Amendments Act of 1988

This Act gives owners of patented processes the right to exclude others from using or selling throughout the United States, or importing into the United States, products made by that process. Available remedies include monetary damages and injunctive relief. The amendments specify that the patent owner shall not be deprived of any other remedies available under 35 U.S.C. §§ 271 (a) through (f) or under §§ 337 of the Tariff Act of 1930, 19 U.S.C. §§ 1337, or any other provision of law. If the International Trade Commission determines that 19 U.S.C. §§ 1337 pertaining to unfair methods of competition and unfair trade practices has been violated, Customs may be directed to exclude articles covered by that Agency's order. 19 C.F.R. §§ 12.39 (1995). 19 C.F.R. §§ 12.39a (1995) allows patent owners to request Customs to conduct an import survey.