Analysis

The Impact Of Changing The PTAB's Claim Construction Test

Law360 (April 23, 2018, 10:14 PM EDT) -- The Patent Trial and Appeal Board may be on the verge of switching to the claim construction standard used in district court, a move attorneys say won't impact the outcome of most cases but could present strategic issues, particularly for challengers.

When interpreting a patent term in America Invents Act reviews, the PTAB uses what's known as the broadest reasonable interpretation, the same standard used at the U.S. Patent and Trademark Office during patent examination. This is different from district courts, which use a more narrow standard.

While the U.S. Supreme Court said in its 2016 decision in Cuozzo v. Lee...

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