Imagine That IP Law Blog

In a step toward consistent interpretation of patent claims before federal courts and the Patent Trial and Appeal Board (PTAB) during post-grant proceedings, today the United States Patent and Trademark Office (“USPTO”) published a final rule revising the claim construction standard used during proceedings established by the Leahy-Smith American Invents Act (“AIA”).

Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board, 83 Fed. Reg. 51,340 (Oct. 11, 2018) (to be codified at 37 C.F.R. pt. 42)Read More ›

The Leahy-Smith America Invents Act (AIA) became fully effective in March 2013, and its impact over the last five years continues to disrupt U.S. patent practice. The AIA made significant statutory changes to how patent applications were prosecuted at the U.S. Patent and Trademark Office (USPTO); however, the changes to post-grant proceedings (PGPs) are possibly more significant. The AIA authorized administrative proceedings as an alternative to litigation and left it to the USPTO to promulgate accompanying rules to incentivize various PGPs where patents could be ... Read More ›