Prepare For New Claim Construction Standard At PTAB
Law360 (July 16, 2018, 1:51 PM EDT) -- On May 9, 2018, the U.S. Patent and Trademark Office proposed changing the rules governing claim construction in America Invents Act post-grant proceedings before the Patent Trial and Appeal Board. Specifically, the USPTO proposed (1) replacing the broadest reasonable interpretation claim construction standard with the “ordinary and customary meaning” claim construction standard applied by district courts and the U.S. International Trade Commission; and (2) requiring the PTAB to “consider any prior claim construction determination” by a district court or the ITC that is “timely made of record” in an AIA post-grant proceeding.
As drafted, the proposed rule would apply to all...
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