PTO Director: 'Something Must Be Done' to Clarify Section 101

In a speech to the U.S. Chamber of Commerce, United States Patent and Trademark Office (USPTO) Director Andrei Iancu indicated that the USPTO is reviewing administrative procedure for challenging patent validity in inter partes reviews (IPR). Iancu's comments come as a result of speculation that the Patent Trial and Appeal Board's (PTAB)  broadest reasonable interpretation claim construction standard used in IPRs will be replaced with the Phillips standard, which is used in district courts. Another area he addressed was clarifying Section 101 and potentially simplifying the guidance the USPTO provides to its patent examiners. The National Law Journal reached to Finnegan partner Erika Arner for her thoughts on Iancu's statements. 

Erika, noted she is pleased that Iancu is focusing on predictability, which is a challenge for a bench with more than 100 administrative judges. She also noted that Iancu reference to "standards" could actually refer to the In re Packard standard of indefiniteness used in post-grant reviews.