Claim Construction

Authors: Elliot C. Cook, Kai Rajan, Joseph M. Schaffner

Our claim construction statistics track the bases of claim construction decisions in PTAB final written decisions on the merits. These statistics do not include settlements, requests for adverse judgment, motions to terminate, still-pending cases, requests for rehearing, initial claim constructions in institution decisions, and appellate outcomes. We carefully analyzed which decisions were labeled correctly in the USPTO’s Patent Review Processing System (PRPS), tracked the various bases for claim constructions, whether the claim terms were construed, calculated the relevant percentages, and tracked which party’s constructions prevailed. Our statistics should be considered an estimate and depict various ways to display the underlying information.

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