Sunday, March 7, 2010

Empirical Analysis

The SkunK has searched for recent information on patents with NO joy. Thanks to a reader for finding this March 2010 scholarly work on patents. This is a 23 page PDF so I have only a small excerpt - and the SkunK is still working his way through it. . .
********
Investigating Patent Law’s Presumption of Validity—An Empirical Analysis

Patents issued by the United States Patent and Trademark Office (“PTO”) are presumed valid. The Patent Act places the burden of rebutting the presumption on the challenging party, but it does not set forth the evidentiary standard for rebutting it. The Court of Appeals for the Federal Circuit (“Federal Circuit”) requires clear and convincing evidence of the factual predicates of invalidity.
Rest Here:
http://www.patentlyo.com/files/chatlynne.presumptionofvalidity.final.pdf

SkunK
 
Free Blog CounterTamron