Civil Litigation,
Intellectual Property
Dec. 14, 2018
A potential source of claims construction disharmony
The PTO's recent rule change specifies that the Phillips standard will apply to both America Invents Act proceedings involving unexpired patent claims and substitute claims proposed in motions to amend.
In October, the U.S. Patent and Trademark Office published a final rule change, replacing the former claim construction standard of "broadest reasonable interpretation" applied by the Patent Trial and Appeal Board in review proceedings with the narrower district court standard established in
To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In
Enewsletter Sign-up
By using our website, you agree to our use of cookies in accordance with our cookie policy. You can learn more about how we use cookies by reviewing our Privacy Policy
here.