News & Analysis as of

Proposed Rules United States Patent and Trademark Office Claim Construction

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: USPTO Publishes Long-awaited Notice of Proposed Rulemaking with Updates to PTAB Practice and Procedure

On April 19, 2024, the USPTO published a long-awaited Notice of Proposed Rulemaking (NPRM) that followed its April 2023 Advance Notice of Proposed Rulemaking (ANPRM). The proposed rules package, Patent Trial and Appeal Board...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition)

2023 saw a return to business as usual for the Federal Circuit. Oral arguments are once again in-person and open to the public, and the Court has resumed its former practice of holding occasional sittings outside of...more

WilmerHale

Agency Concludes Review of USPTO Rule on Claim Construction, Paving the Way to USPTO Final Rule

WilmerHale on

On October 3, the Office of Information and Regulatory Affairs (OIRA) completed its review of the US Patent and Trademark Office’s (USPTO) proposed new rule regarding changing the claim construction standard applied in...more

Jones Day

Proposed Rule: No More BRI in PTAB Trials

Jones Day on

Today, the USPTO issued a press release announcing a Notice of Proposed Rulemaking for Claim Construction Standards used in PTAB Proceedings. The rule proposed by the Office would change the prior policy of using the Broadest...more

Mintz - Intellectual Property Viewpoints

USPTO Proposes Claim Construction Rule Change from BRI to Philips in AIA Review Proceedings

The U.S. Patent and Trademark Office announced a propose change to the standard for construing both unexpired and amended patent claims in Patent Trial and Appeal Board (PTAB) proceedings under the America Invents Act...more

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