US Patent Reform Debate: Proposal To Eliminate BRI Patent Claim Standard Splits Stakeholders
BIO and PhRMA want PTAB to give district courts deference in construing patent claims; Rep. Lofgren is concerned PTAB will be prohibited from doing its own claim construction and Mylan cites potential for inconsistencies within PTO.
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Patent office may issue guidance on how PTAB will consider prior claim constructions; actions on other procedures may be coming in the 'near future.'
US Patent and Trademark Office now agrees with patent owners that PTAB should use the same standard as district courts in determining the meaning of patent claim terms.
High court says inconsistent decisions by Patent Trial and Appeal Board and district court are okay; House and Senate bills would eliminate the broad standard but opposition by tech community could doom passage.