Analysis

Fed. Circ. Rebuke Of PTAB Interpretation May Aid Patentees

By Ryan Davis (October 6, 2017, 8:13 PM EDT) -- A recent Federal Circuit decision chastising the Patent Trial and Appeal Board for using an "unreasonably broad" reading of a patent could push the board to interpret patent claims more narrowly, which may help patent owners facing validity challenges, attorneys say.

The PTAB currently gives the claims of patents their "broadest reasonable interpretation" when it reviews them, but in a Sept. 26 decision, the appeals court said that the board's reading of an oil drilling tool patent stretched that standard too far and became unreasonable.

The broadest reasonable interpretation standard has been a thorn in the side of many patent owners,...

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