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DOC/PTO | RIN: 0651-AD16 | Publication ID: Fall 2018 |
Title: Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board | |
Abstract:
The United States Patent and Trademark Office (USPTO or Office) changes 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 replaces 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 amends 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. |
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Agency: Department of Commerce(DOC) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
EO 13771 Designation: Fully or Partially Exempt | |
CFR Citation: 37 CFR 42 | |
Legal Authority: 35 U.S.C. 135 35 U.S.C. 2 35 U.S.C. 21 35 U.S.C. 23 35 U.S.C. 311 to 312 35 U.S.C. 316 35 U.S.C. 321 to 326 35 U.S.C. 41 35 U.S.C. 6 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Scott Weidenfeller Vice Chief Administrative Patent Judge Department of Commerce Patent and Trademark Office 600 Dulany Street, Alexandria, VA 22313 Phone:571 272-9797 Fax:571 273-9797 Email: scott.weidenfeller@uspto.gov |