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IPO Daily News™

Thursday, 11 October 2018 8:14 am

USPTO PUBLISHES FINAL RULE ADOPTING PHILLIPS CLAIM CONSTRUCTION STANDARD FOR POST GRANT PROCEEDINGS

Today the USPTO published a Federal Register notice announcing the final rule to replace the current broadest reasonable interpretation (BRI) claim construction standard for in inter partes review, post grant review, and covered business method patent proceedings with the Phillips standard, which would require the Patent Trial and Appeal Board (PTAB) to construe unexpired and proposed claims “in accordance with the ordinary and customary meaning of such claim as understood by one of ordinary skill in the art and the prosecution history pertaining to the patent.” The rule also specifies that the PTAB will consider prior claim construction determinations made by federal courts or the ITC that are entered into the record timely. In response to comments received on the proposed rule published in May, the USPTO modified the final rule to “apply only to IPR, PGR, and CBM petitions filed on or after the effective date of the final rule, which is Nov. 13, 2018.”

IPO submitted comments supportive of the proposed rule, which is consistent with IPO’s long-held position that the USPTO should construe claims according to the standard used “in a civil action to invalidate a patent under 35 U.S.C. § 282, including construing each claim of the patent in accordance with the ordinary and customary meaning of such claim as understood by one of ordinary skill in the art, the prosecution history pertaining to the patent, and prior judicial determinations and stipulations relating to the patent.”

THE IP PATCH IS NOT JUST FOR GIRL SCOUTS

The IP Patch curriculum is available for all students grades 2-10! Educators, IP professionals, and Girl Scout troop leaders have used the IPO Education Foundation’s free IP Patch curriculum to teach over 2,000 students about intellectual property this year. To learn more about the IP Patch program and how you can get involved in your community or at your organization, visit IPOEF.org or email foundation@ipo.org.

IP IN THE MASS MEDIA

U.S. Charges Suspected Chinese Intelligence Agent for Attempting to Steal Trade Secrets from U.S. Companies

Yesterday NPR reported that the U.S. Department of Justice unsealed charges against an alleged Chinese intelligence agent for attempting to steal trade secrets from U.S. aviation and aerospace companies including GE Aviation.