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Singing the Same Claim Construction Tune: PTO Adopts Federal Courts’ Standard

Bracewell lawyers Brad Y. Chin, Kevin R. Tamm and R. Nick Buchmuller recently wrote an article for Westlaw IP Journal examining the U.S. Patent and Trademark Office’s (USPTO) final rule change adopting the claim construction standard applied by federal courts for use by the Patent Trial and Appeal Board (PTAB) in proceedings created by the Leahy-Smith America Invents Act (AIA).

Under the new rule, the PTAB will no longer interpret claims under the broadest reasonable interpretation (BRI) standard. Instead, it will construe claims more narrowly according to the standard adopted by the federal courts.

Download the article to read more on what to expect with the rule change.