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Media Mention

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

April 11, 2018

The National Law Journal

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. 

Tags

Patent Trial and Appeal Board (PTAB), broadest reasonable interpretation (BRI), 35 U.S.C. § 101

Related Practices

Patent Office Invalidation Proceedings

PTAB Invalidation Proceedings: IPR and PGR

Related Offices

Reston, VA

Related Professionals

Erika Harmon Arner
Partner
Washington, DC
+1 571 203 2754
Email

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