born valid

Patents. Presumed to be good; entitled to the legal presumption that a patent was justified when issued and that challengers bear the burden of proving by clear and convincing evidence that the patent should not have been granted.

• Defenses against infringement claims take one of three tacks: denying that the product infringes on the plaintiff’s rights, challenging the validity of the patent itself, or challenging its enforceability.

— Also termed presumption of validity. [Cases: Patents 112.1. C.J.S. Patents §§ 194, 203–205, 207.]

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词条贡献者

译者Kevin，毕业于亚洲顶尖的法学院，擅长翻译各种与国际贸易委员会诉讼 相关的法律文件。