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USPTO Proposes Change In Claim Construction Standard For Post-Grant Proceedings

Author: Reza Mollaaghababa

5/14/2018

Read the full post at Post-Grant Counsel

USPTO Proposes Change In Claim Construction Standard For Post-Grant Proceedings

On May 9, 2018, U.S. Patent and Trademark Office (PTO) issued a notice of proposed rule for changing the standard for construing claims in unexpired patents in inter partes review (IPR), post-grant review (PGR), and transitional covered business method (CBM) proceedings from current broadest reasonable interpretation (BRI) to the same claim construction standard that is utilized in the federal courts, i.e., the so-called Phillips standard.