Legal Definitions - born valid

In patent law, the term born valid refers to the legal principle that once a patent is officially granted by the relevant government authority (like the U.S. Patent and Trademark Office), it is automatically presumed to be legitimate and correctly issued. This means that the patent is considered good and enforceable from the moment it is granted.

The significance of a patent being "born valid" is that it places a substantial legal burden on anyone who wishes to challenge its validity. If someone claims that a patent should not have been granted—perhaps because the invention wasn't new, was obvious, or didn't meet other legal requirements—they must present strong, clear, and convincing evidence to a court to overcome this initial presumption. The patent holder does not need to re-prove the patent's validity; the challenger must prove its invalidity.

Here are a few examples to illustrate this concept:

• Scenario: Defending Against an Infringement Lawsuit

  Imagine a company, TechSolutions Inc., holds a patent for a unique data encryption method. Another company, SecureNet Corp., begins using a very similar method in its software. TechSolutions Inc. sues SecureNet Corp. for patent infringement. In its defense, SecureNet Corp. argues that TechSolutions Inc.'s patent is invalid because the encryption method was actually public knowledge before the patent was filed. Due to the "born valid" principle, SecureNet Corp. cannot simply make this claim; they must provide compelling, clear, and convincing evidence to the court to prove that TechSolutions Inc.'s patent was improperly granted. The court will start with the assumption that TechSolutions Inc.'s patent is legitimate.

• Scenario: Proactively Challenging a Competitor's Patent

  Consider a pharmaceutical company, BioHealth Innovations, that is developing a new drug. They discover that a competitor, PharmaGiant, holds a patent that broadly covers a key chemical compound essential to BioHealth Innovations' new drug. BioHealth Innovations believes PharmaGiant's patent is invalid because the compound was described in an obscure scientific journal years before PharmaGiant filed its patent application. If BioHealth Innovations decides to challenge PharmaGiant's patent in court to clear the path for their own product, the "born valid" rule means BioHealth Innovations carries the heavy burden of proving, with strong evidence, that PharmaGiant's patent should never have been issued. PharmaGiant doesn't need to prove its patent is valid; BioHealth Innovations must prove it isn't.

• Scenario: Valuing Intellectual Property for Investment

  A venture capital firm is considering investing in a startup, GreenEnergy Solutions, which has several patents for renewable energy technologies. When evaluating the startup's intellectual property, the investors understand that these patents are "born valid." This means that if a future competitor attempts to invalidate one of GreenEnergy Solutions' patents, that competitor will face a significant legal hurdle, requiring substantial evidence to overturn the patent's presumed legitimacy. This inherent presumption of validity adds to the perceived strength and value of the startup's patent portfolio, making it a more attractive investment.