2018-09821: Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board

Summary

The United States Patent and Trademark Office ("USPTO" or "Office") proposes changes to the claim construction standard for interpreting claims in inter partes review ("IPR"), post-grant review ("PGR"), and the transitional program for covered business method patents ("CBM") proceedings before the Patent Trial and Appeal Board ("PTAB" or "Board"). In particular, the Office proposes to replace the broadest reasonable interpretation ("BRI") standard for construing unexpired patent claims and proposed claims in these trial proceedings with a standard that is the same as the standard applied in federal district courts and International Trade Commission ("ITC") proceedings. The Office also proposes to amend the rules to add that the Office will consider any prior claim construction determination concerning a term of the involved claim in a civil action, or an ITC proceeding, that is timely made of record in an IPR, PGR, or CBM proceeding.

The agency’s own summary, as published.

What this changes

Amends 1 part of the Code of Federal Regulations — the standing rules this notice rewrites.

• 37 CFR 42 Trial Practice Before the Patent Trial and Appeal Board