Analysis

AIA Claim Construction Change To Spur Revamped Strategies

Law360 (October 10, 2018, 8:26 PM EDT) -- The U.S. Patent and Trademark Office said Wednesday that America Invents Act reviews will start using the same claim construction standard as district courts beginning Nov. 13, and while the change will not usually result in different outcomes in the reviews, it will reshape strategy for litigants, attorneys say.

Under the final rule that the USPTO published in the Federal Register, the Patent Trial and Appeal Board will no longer give patent claims their "broadest reasonable interpretation" in inter partes reviews and other AIA proceedings. Instead, it will use the narrower method of reading of claims now used in district court....

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