born valid

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.]

“The patent statute is unambiguous: ‘A patent shall be presumed valid …. The burden of establishing invalidity of a patent or any claim thereof shall rest on the party asserting such invalidity.’ A patent is born valid. It remains valid until a challenger proves it was stillborn or had birth defects, or is no longer viable as an enforceable right.” Roper Corp. v. Litton Sys., Inc., 757 F.2d 1266, 1270 (Fed. Cir. 1985)(quoting 37 USCA § 282).

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词条贡献者

译者Lester，毕业于法国一流的高级翻译学院，擅长翻译各种与环境与自然资源相关的法律文件。