Apr 172009
Patent Law Blog (Patently-O): Challenging the Strong Presumption of Patent Validity
One of the next major legal challenges to patent rights will be against the strong presumption of validity associated with the patent grant. Section 282 of the patent act says only that a patent and its claims “shall be presumed valid.” Under longstanding doctrine, this presumption can only be overcome with clear and convincing evidence of invalidity. The challenge to this presumption is most likely on two fronts: (1) expanded post-grant review and (2) court challenges to the weight of the presumption.
An interesting description of what legal issue might be important in regards to patents. Worth reading.
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