USPTO Wants AIA Claim Construction To Match District Court

By Matthew Bultman (May 8, 2018, 3:56 PM EDT) -- The U.S. Patent and Trademark Office on Tuesday proposed a new rule that would change the claim construction standard used in America Invents Act reviews and bring it in line with the standard used in district court.

Under the proposal, the Patent Trial and Appeal Board would no longer use the broadest reasonable interpretation standard to interpret the patent claims in an AIA review. It would be replaced with the more narrow standard used by district courts and the U.S. International Trade Commission.

The USPTO said aligning the standards could lead to more uniformity and predictability.

"In addition, using the same...

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