AIA Claim Construction Change To Spur Revamped Strategies

By Ryan Davis (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....

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!