Analysis

Patent Owners May Not Like PTAB Claim Construction Change

Law360 (May 10, 2018, 7:40 PM EDT) -- Patent owners have been unrelenting in their message: The Patent Trial and Appeal Board should use the same standard as district courts when interpreting patent claims. While it appears they will get their wish, some attorneys believe they may soon discover the grass isn’t necessarily greener.

The U.S. Patent and Trademark Office published a rule change this week proposing to abandon the use of the broadest-reasonable-interpretation standard in America Invents Act reviews. It would be replaced with the more narrow standard used by courts and the U.S. International Trade Commission.

Patent owners, who have long complained the different standards give challengers...

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