Friday, January 29, 2021 9:20:47 AM
Posted at May 8, 2018 in Claim Construction, Covered Business Method Patents, Inter partes review, Post Grant Review by Todd S. Werner Share
Less than two months after Andrei Iancu was confirmed as the new Director of the USPTO, the Office issued a Notice of Proposed Rulemaking concerning the claim construction standards employed in contested USPTO proceedings, including IRPs, PGRs, and CBMs. The proposed change would abandon the broadest reasonable construction standard currently used for unexpired patents in favor of the same approach used by federal courts under Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc). The proposed rule would instruct the PTAB to consider any claim construction rulings in federal court or ITC proceedings that are “timely made of record.” The stated rationales for the proposed change include improved judicial efficiency and harmonization of the federal court and USPTO constructions, as patents subjected to contested PTO proceedings are often concurrently litigated in federal courts. The USPTO intends for the new standard to be applied in all matters that are pending when the final rule is passed.
Public comments will be accepted for 60 days following the official publication of the proposed rule, which is expected to be published May 9, 2018. The preferred method for offering comments is by email to PTABNPR2018@uspto.gov. All comments submitted directly to the USPTO or provided on the Federal eRulemaking Portal should include the docket number (PTO-P-2018-0036).
The change in construction standards will not have a significant impact in all contested PTO proceedings, but it should make it more difficult to invalidate some claims, as narrower constructions will read on less prior art.
Recent NLST News
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 05/16/2024 07:01:26 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 05/16/2024 07:00:15 PM
- Form 10-Q - Quarterly report [Sections 13 or 15(d)] • Edgar (US Regulatory) • 05/06/2024 08:32:04 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 03/09/2024 02:31:38 AM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 03/09/2024 02:30:15 AM
- Form 144 - Report of proposed sale of securities • Edgar (US Regulatory) • 03/06/2024 09:54:43 PM
- Form 144 - Report of proposed sale of securities • Edgar (US Regulatory) • 03/06/2024 02:44:15 PM
- Form S-8 - Securities to be offered to employees in employee benefit plans • Edgar (US Regulatory) • 03/01/2024 09:35:01 PM
- Form S-8 POS - Securities to be offered to employees in employee benefit plans, post-effective amendments • Edgar (US Regulatory) • 03/01/2024 09:32:11 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 02/13/2024 01:15:20 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 01/19/2024 02:38:35 AM
- Form 144 - Report of proposed sale of securities • Edgar (US Regulatory) • 01/16/2024 02:52:52 PM
- Form 10-Q - Quarterly report [Sections 13 or 15(d)] • Edgar (US Regulatory) • 11/09/2023 09:30:58 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 10/31/2023 12:30:25 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 09/09/2023 01:30:09 AM
- Form 144 - Report of proposed sale of securities • Edgar (US Regulatory) • 09/06/2023 02:22:41 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 08/18/2023 08:30:46 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 08/16/2023 01:30:21 AM
- Form 8-K - Current report • Edgar (US Regulatory) • 08/15/2023 09:01:19 PM
- Form 424B5 - Prospectus [Rule 424(b)(5)] • Edgar (US Regulatory) • 08/15/2023 09:00:39 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 08/14/2023 12:00:12 PM
- Form 144 - Report of proposed sale of securities • Edgar (US Regulatory) • 08/11/2023 01:53:57 PM
Avant Technologies Engages Wired4Tech to Evaluate the Performance of Next Generation AI Server Technology • AVAI • May 23, 2024 8:00 AM
Branded Legacy, Inc. Unveils Collaboration with Celebrity Tattoo Artist Kat Tat for New Tattoo Aftercare Product • BLEG • May 22, 2024 8:30 AM
"Defo's Morning Briefing" Set to Debut for "GreenliteTV" • GRNL • May 21, 2024 2:28 PM
North Bay Resources Announces 50/50 JV at Fran Gold Project, British Columbia; Initiates NI 43-101 Resources Estimate and Bulk Sample • NBRI • May 21, 2024 9:07 AM
Greenlite Ventures Inks Deal to Acquire No Limit Technology • GRNL • May 17, 2024 3:00 PM
Music Licensing, Inc. (OTC: SONG) Subsidiary Pro Music Rights Secures Final Judgment of $114,081.30 USD, Demonstrating Strength of Licensing Agreements • SONGD • May 17, 2024 11:00 AM