Patent Agent Privilege Under New PTAB Claim Construction

Law360 (October 30, 2018, 2:05 PM EDT) -- In view of the Phillips standard now being applied to claim construction before the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office, how is the patent agent-client privilege affected?

On Oct. 11, 2018, the director of the USPTO published a final rule in the Federal Register setting a new standard for claim construction in certain proceedings heard by the PTAB.[1] The rule takes effect on Nov. 13, 2018, and shifts the standard for evaluating claims in inter partes review, post-grant review and covered business method challenges from the broadest reasonable interpretation of the claim terms to the...

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