What is the presumption of validity for patents?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Patent Term Extension Determination MPEP 1701 Court Determines Patent Validity MPEP 1701 Inquiries to Patent Examiners Prohibited MPEP 1701 Prohibited USPTO Employees Must Not Express Opinions on Patent Validity MPEP 1701 Requirement for Determining Expiration Date During Examination MPEP 1701 Notification Requirement for Maintenance Fee Lapse MPEP 1701 Court Determines Enforceability of Patent MPEP 1701 USPTO Examining Corps Must Avoid External Inquiries Indicating Invalid Patents MPEP 1701 Recommended USPTO Employees Cannot Pursue Private Sector Bounties for Identifying Prior Art MPEP 1701 Permitted Payments for Prior Art Searches Prohibited MPEP 1701 Permitted Other Related FAQs 5 FAQs Collapse Where can I find additional information on USPTO employee restrictions? What is an international-type search, and how does it relate to U.S. national applications? Can patent examiners discuss specific evidence considered during examination? What should practitioners know about making inquiries to patent examiners? Are USPTO employees allowed to accept bounties for identifying prior art?