As you may know, the United States Patent and Trademark Office has proposed a rule change to the claim construction standard for interpreting claims in trial proceedings before the Patent Trial and Appeal Board (PTAB). The full Notice of Proposed Rulemaking can be found here
. Briefly, this proposal would change the claim construction standard for PTAB proceedings (like IPRs) from the "broadest reasonable interpretation" standard, to the Phillips "ordinary and customary meaning" standard currently being used in federal district courts.
AUTM has reviewed this proposed rule and has submitted these Comments
to the Federal Register in support of this proposed rule change.
Should you or your institution be interested in submitting your own comments (and we strongly encourage you to have your voice heard), please note that the deadline for responding is July 9, 2018.