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Few things are politically debated more in the patent area than the presumption of patent validity. The presumption of validity for a U.S. patent is derived from Title 35, Section 282 of the patent statutes. It is based on deference to the administrative correctnesss of the U.S. Patent and Trademark Office, or PTO, when granting a U.S. patent. A challenger to the validity of a patent, i.e., someone who wants to show that the patent does not meet all legal requirements, has the burden to demonstrate the patent is invalid by clear and convincing evidence.

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