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

双语律师蓉婧，国内知名法学院民商法专业，擅长翻译各类与数据隐私及安全相关的法律文件。