نوع مقاله : مقاله پژوهشی
نویسنده
گروه حقوق خصوصی دانشکده حقوق و علوم سیاسی دانشگاه خوارزمی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Undoubtedly, balancing the protection of patent holders’ rights with the safeguarding of public interests is a fundamental objective of the United States patent system. One of the most important tools in achieving this goal is the “clear and convincing evidence” standard in patent invalidation proceedings, which, by imposing a heavy burden of proof, contributes to the stability of granted patents. However, critics argue that this standard makes it more difficult to invalidate low-quality patents, thereby shifting the balance in favor of patent holders. The central question of this article is what role this standard plays in the U.S. legal system, how it affects the invalidation of unjustified patents and the balance between patent holders’ rights and public interests, and what consequences its absence has in Iranian law. This study adopts a descriptive–analytical and comparative approach. Findings indicate that, despite criticisms, this standard in the U.S. is applied in favor of patent holders, while in Iran, the absence of a defined standard leads to inconsistent rulings and reduced predictability. It is therefore concluded that establishing a clear evidentiary standard in Iranian law is essential.
کلیدواژهها [English]
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