USPTO Harmonizes New Claim Construction Standard in PTAB Proceedings

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The PTAB will apply the same Phillips standard applied by district courts and the ITC.

Key Points:

..The change is not retroactive, and will apply only to IPR, PGR, and CBM petitions filed on or after November 13, 2018.

..Ex parte reexaminations and reissue examinations are not affected.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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