A PTO examiner may issue a restriction, where more than one invention is claimed. The state of the current technology relating to a specific invention. The inventor has up to one year from the date of the first public use, sale or publication in which to file a patent application. If an invention is not filed within the one year statutory bar, the invention falls in the public domain. An issued patent is presumed to be valid, and the burden of proof is on the challenger.
Invalidity is established by a clear and convincing standard of proof.
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