The United States Patent and Trademark Office (PTO) is currently considering a rules change that, if enacted, would significantly improve how it conducts patent challenge proceedings. This is a policy change that BIO has long advocated for.
This proposal, entitled “Changes to the Claims Construction Standard for Interpreting Claims in Trial Proceedings Before the PTAB,” will help ensure that patent claims have the same meaning, whether they are reviewed by the PTO, a federal court, or the International Trade Commission. This will reduce abusive practices, such as answer-shopping and repetitive litigation by dissatisfied patent challengers.
This week BIO submitted comments to the PTO in support of the proposed revisions to the standard for construing disputed claim terms in inter partes reviews, post-grant reviews, and covered business method reviews (“post-grant proceedings”).