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BIO’s Statement on PTO’s Proposed Changes to the Claim Construction Standard for PTAB Proceedings

May 9, 2018

Washington, D.C. (May 9, 2018) – Biotechnology Innovation Organization President for Advocacy, Law & Public Policy Tom DiLenge today issued the following statement in response to the U.S. Patent and Trademark Office’s (PTO) proposed change to claim construction standards used by the Patent Trial and Appeal Board (PTAB):

“BIO applauds Director Iancu and the PTO for proposing regulations that would change how the office interprets claims in administrative patent challenge proceedings.

“BIO has long advocated for this particular rule change, and for more balance and fairness in the Inter Partes Review (IPR) system generally.  This rule brings us closer to that reality, and we urge the Director to continue down this path with additional changes to improve the system further.

“Under the agency’s current proposal, IPRs and related post-issuance proceedings would use the same claim interpretation standard that is being used by federal courts in patent litigation. This approach will improve predictability in the post-issuance review process and help mitigate against inconsistent results that can occur when the same patent is adjudicated in different fora.

“BIO urges the PTO to quickly finalize this rule to strengthen intellectual property protections and improve the ability of patent owners to defend their inventions and businesses against infringement.”

About BIO

BIO is the world's largest trade association representing biotechnology companies, academic institutions, state biotechnology centers and related organizations across the United States and in more than 30 other nations. BIO members are involved in the research and development of innovative healthcare, agricultural, industrial and environmental biotechnology products. BIO also produces the BIO International Convention, the world’s largest gathering of the biotechnology industry, along with industry-leading investor and partnering meetings held around the world. BIOtechNOW is BIO's blog chronicling “innovations transforming our world” and the BIO Newsletter is the organization’s bi-weekly email newsletter. Subscribe to the BIO Newsletter.



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