Federal · Title 35 — Patents
35 U.S.C. § 282: Presumption of validity; defenses
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A patent shall be presumed valid. Each claim of a patent (whether in independent, dependent, or multiple dependent form) shall be presumed valid independently of the validity of other claims; dependent or multiple dependent claims shall be presumed valid even though dependent upon an invalid claim. The burden of establishing invalidity of a patent or any claim thereof shall rest on the party asserting such invalidity. Noninfringement, absence of liability for infringement or unenforceability. Invalidity of the patent or any claim in suit on any ground specified in part II as a condition for patentability. any requirement of section 112, except that the failure to disclose the best mode shall not be a basis on which any claim of a patent may be canceled or held invalid or otherwise unenforceable; or any requirement of section 251. Any other fact or act made a defense by this title. by the applicant for the extension, or by the Director,
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