USPTO's Shift On AIA Claim Construction Is A Mistake

Law360 (October 12, 2018, 1:48 PM EDT) -- On Oct. 11, 2018, the U.S. Patent and Trademark Office published the final rule[1] that will prevent the Patent Trial and Appeal Board from using the broadest reasonable interpretation standard the PTO has employed to examine patents for more than 100 years. It does so based on flawed evidence, as well as on evidence that is likely to hold limited predictive power given the significant changes in the inter partes review procedure created by the Aqua Products[2] and SAS[3] decisions.

The final rule may be within the scope of the director's powers, but it is contrary to the congressional understanding of...

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