>[09.Oct.18] Patents – USPTO changes rule on trial proceedings
Source: USPTO [Adapted]
On 11.Oct.2018, the United States Patent and Trademark Office (USPTO) has published a rule changing the proceedings adopted by the Patent Trial and Appeal Board (PTAB) on interpreting the scope of a claim set.
The new rule replaces the former standard applied during the patentability examination carried by the PTAB, that established a broader interpretation over the scope of claims in comparison with North American courts. The new standard is based on the proceedings articulated during the trial of the case Phillips v. AWH Corp., and allows to take into consideration other claim construction determination made during prior trials.
It is expected that this new proceeding will help harmonizing decisions between PTAB and the courts, thus increasing legal certainty and predictability in the patent system.