U.S. copyright law Edit

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U.S. patent law Edit

The Patent Act creates a presumption of validity applicable when a patent is challenged in federal court: “A patent shall be presumed valid.”[1] The Federal Circuit has interpreted this requirement to impose a clear and convincing evidence standard on those who challenge validity.[2]

Both the presumption and the clear and convincing evidence standard apply even when a patent is challenged on the basis of prior art that the PTO never saw, although, in such circumstances, the new evidence may “carry more weight and go further toward sustaining the attacker’s unchanging burden.”[3]

References Edit

  1. 35 U.S.C. §282.
  2. See, e.g., American Hoist & Derrick Co. v. Sowa & Sons, Inc., 725 F.2d 1350, 220 U.S.P.Q. (BNA) 763 (Fed. Cir.) (full-text), cert. denied, 469 U.S. 821 (1984); SSIH Equipment S.A. v. United States Int’l Trade Comm., 718 F.2d 365, 218 U.S.P.Q. (BNA) 678 (Fed. Cir. 1983) (full-text).
  3. See, e.g., American Hoist & Derrick, 725 F.2d at 1360.

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