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).[Blacks Law 8th]