Presumption of Validity Law and Legal Definition
Presumption of validity means a statutory presumption of validity as against the holder of a patent. Hence, a patent shall be presumed valid. Likewise, each claim of a patent shall be presumed valid independently of the validity of other claims. In addition, dependent or multiple dependent claims shall also be presumed valid even though dependent upon an invalid claim. The presumption of validity can be rebutted only by clear and convincing proof.
