BIO’s Statement on PTO’s Proposed Changes to the Claim Construction Standard for PTAB Proceedings
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 premier biotechnology advocacy organization representing biotech companies, industry leaders, and state biotech associations in the United States and more than 35 countries around the globe. BIO members range from biotech start-ups to some of the world’s largest biopharmaceutical companies – all united by the same goal: to develop medical and scientific breakthroughs that prevent and fight disease, restore health, and improve patients’ lives. BIO also organizes the BIO International Convention and a series of annual conferences that drive partnerships, investment, and progress within the sector. Learn more at bio.org.
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