MPEP Q&A 183: When Changes to the Claim Construction Standard Apply - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006

from 2019-10-15T14:03:50

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Question: When will the changes to the claim construction standard as outlined in “Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board” apply? Answer: As shown in the supplement … The changes to the claim construction standard will apply to proceedings where a petition is filed on or after the effective date of the final rule (November 13, 2018). The Office will apply the federal court claim construction standard, in other words, the claim construction standard that would be used to construe the claim in a civil action under 35 U.S.C.…


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