What is the difference between USPTO and court standards in patent validity determinations?
The USPTO and federal courts use different standards when determining patent validity, which can lead to different outcomes. MPEP 2286 explains this distinction: “Specifically, invalidity in a district court must be shown by ‘clear and convincing’ evidence, whereas in the Office, it is sufficient to show unpatentability by a ‘preponderance of evidence.’ Since the ‘clear…
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