USPTO issues PTAB claim construction final rule
10 October 2018
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Michael Loney, New York
The final rule changes the claim construction standard used by the PTAB to the Phillips standard used in district courts. Practitioners predict a surge in filing before it becomes effective in November
The USPTO has published a final rule changing the claim construction standard applied during inter partes review (IPR), post-grant review (PGR), and covered business method patents (CBM) proceedings before the PTAB.
The final rule replaces the broadest reasonable interpretation...
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