How Patent Reform Could Affect Claim Construction In IPR

Law360, New York (May 20, 2015, 11:42 AM EDT) -- How should patent claims be construed in post-grant proceedings at the patent office? The U.S. Patent and Trademark Office currently gives claims in unexpired patents their “broadest reasonable construction” in all post-grant proceedings, as it does during ordinary examination. The Federal Circuit recently approved this approach, finding it both consistent with congressional intent in enacting the 2011 America Invents Act and, in any event, within the PTO’s discretion to adopt. See In re Cuozzo Speed Techs. LLC, 778 F.3d 1271, 1279-82 (Fed. Cir. 2015).

But some in Congress have a different view. A patent reform bill called the Innovation Act was...

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