Legal Definitions - born valid

Definition: Born valid is a legal presumption that a patent was justified when issued and is entitled to be considered good. It means that the patent is presumed to be valid until proven otherwise by clear and convincing evidence. The burden of proving that the patent should not have been granted rests on the challenger.

When someone challenges a patent, they can take one of three approaches: they can deny that the product infringes on the plaintiff's rights, challenge the validity of the patent itself, or challenge its enforceability. The presumption of validity is also known as born valid.

For example, if a company holds a patent for a new type of smartphone, and another company challenges the patent's validity, the burden of proof is on the challenger to prove that the patent should not have been granted. The patent is considered born valid until proven otherwise.

Another example is if a company holds a patent for a new type of medication, and a competitor challenges the patent's validity. The burden of proof is on the competitor to prove that the patent should not have been granted. The patent is considered born valid until proven otherwise.