< IP News

US Patent Trial and Appeal Board to Apply New Claim Construction in Post-Grant Proceedings

The US Patent Trial and Appeal Board (PTAB) will now be required to construe patent claims that are the subject of an inter partes review, post-grant review or covered business method review as if those claims were the subject of patent infringement litigation before the US federal district courts. In other words, the PTAB will no longer apply the broadest reasonable interpretation standard (i.e. the standard a US Examiner applies when examining the claims of a pending application) in these proceedings. It has been suggested that the new claim construction standard will make these proceedings more fair for patent owners.

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