This afternoon USPTO Director Andrei Iancu delivered remarks at the BIO International Convention’s Intellectual Property Track opening plenary. During the well-attended session, Director Iancu addressed a key policy priority for BIO – reform within the Patent Trial and Appeal Board (PTAB).
Last month, the USPTO signaled an intention to replace the broadest reasonable interpretation (BRI) standard for construing unexpired patents with the same standard used in Federal district courts and the International Trade Commission – a turn of events BIO views favorably.
According to Iancu, he is looking for more efficiency within this system. It remains to be seen what that will look like, however a positive outcome will certainly mean an overall reduction of IPR claims.
Director Iancu also went on to address his concerns relating to lack of clarity when it comes to patent eligible subject matter under 35 U.S.C. 101.
BIO has long shared these concerns and looks forward to opportunities to contribute to constructive reform efforts. Clarification of patentability criteria and improvements of the PTAB will enhance American biotech innovators ability to compete on a level playing field.