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USPTO issues PTAB claim construction final rule

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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