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LSDefine
Simple English definitions for legal terms
born valid
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A quick definition of born valid:
Term: Born Valid
Definition: When someone gets a patent, it is assumed to be good and legal. This means that if someone wants to say the patent is not good, they have to prove it with very strong evidence. There are three ways to defend against a claim of patent infringement: say that the product did not break the patent, say that the patent is not valid, or say that the patent cannot be enforced. This is also called the "presumption of validity." A patent is considered "born valid" and stays that way until someone proves it is not good anymore.
A more thorough explanation:
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.