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.

¡ª Also termed presumption of validity. [Cases: Patents 112.1. C.J.S. Patents ¡ì¡ì 194, 203¨C205, 207.]


How do bilingual lawyers in China usually translate the term born valid?
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