Presumption of validity in Canadian patent law
The presumption of validity refers to the fact that, once a patent has been issued, the courts will presume that it is valid, unless there is evidence to the contrary.Canada
Section 43 of the Patent Act creates the presumption of validity:
In Diversified Products Corp v Tye-Sil Corp, the Federal Court of Appeal held that the presumption of validity merely gives rise to an evidential burden on a balance of probabilities.
