Investigating Patent Law’s Presumption of Validity—An Empirical Analysis

Etan Chatlynne reports post-KSR patent validity decisions with a special focus on the presumption of validity and the clear and convincing standard for rebutting that presumption. He finds that the presumption and evidentiary standard did not affect thirty-eight of forty-five (84%) Federal Circuit invalidity determinations made between April 2008 and June 2009. The standards may have affected the remaining seven of forty-five (16%) determinations. [Download Chatlynne.PresumptionofValidity.Final]

Etan Chatlynne, Investigating Patent Law’s Presumption of Validity—An Empirical Analysis, 2010 Patently-O Patent L.J. 37.

About Dennis Crouch

Law Professor at the University of Missouri School of Law. Co-director of the Center for Intellectual Property and Entrepreneurship.