What is the presumption of validity for patents?

Every issued patent is presumed to be valid under U.S. patent law. This presumption is explicitly stated in MPEP 1701:

“Every patent is presumed to be valid. See 35 U.S.C. 282, first sentence.”

This presumption of validity is a fundamental principle in patent law. It means that in any legal proceeding challenging a patent’s validity, the burden of proof lies with the party asserting invalidity. This presumption can only be overcome by clear and convincing evidence in a court of law.

To learn more:

• USPTO
• patent validity
• presumption of validity
• patent law