USPTO proposes changes to IPR procedures

The U.S. Patent and Trademark Office proposed a series of changes to the inter partes review (IPR) process based on public comments on how to increase the transparency and effectiveness of trial proceedings created under the 2011 America Invents Act (AIA). Comments on the proposals are due Oct. 19.

Under the proposed changes, the USPTO's Patent Trial and Appeal Board (PTAB) would apply the "Phillips-type" claims constructions standard used by district courts for challenged patents that are set to expire during IPR proceedings. The board would continue to use the "broadest reasonable interpretation" (BRI) standard for all other unexpired patents. The BRI standard is used by the USPTO in its initial review of patent applications. ...