New definitions for inclusion in future editions of A Dictionary of Intellectual Property Law. Suggestions for new entries, or comments on existing ones, gratefully received on the blog or by email (using the contact form at the foot of the page).
The art of writing is the art of discovering what you believe.
Gustave Flaubert
Gustave Flaubert
Friday, 15 July 2011
Clear and convincing
What the evidence of invalidity of a US patent must be if the challenger is to succeed. A common law standard that predated the 1952 Patents Act, in which legislation the Supreme Court (in Microsoft Corp v I4I Limited Partnership et al, 564 US (2011), 9 June, 2011) held that Congress had intended to leave the rule unchanged.
Labels:
Clear and convincing,
Patents,
USA
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