MPEP Q&A 191: Final Rule in the Changes to the Claim Construction Standard - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006

from 2020-02-18T15:02:23

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Question: What does the final rule in the “Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board” state? Answer: In this final rule, the Office revises the rules to provide that a patent claim, or a claim proposed in a motion to amend, shall be construed using the same claim construction standard that would be used to construe the claim in a civil action under 35 U.S.C. 282(b), including construing the claim in accordance with the ordinary and customary meaning of such claim as understood by one of ordinary skill…


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