Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board
The United States Patent and Trademark Office ("USPTO" or "Office") revises the claim construction standard for interpreting claims in inter partes review ("IPR"), post-grant review ("PGR"), and the transitional program for covered business method patents ("CBM") proceedings before the Patent Trial and Appeal Board ("PTAB" or "Board"). In particular, the Office is replacing the broadest reasonable interpretation ("BRI") standard such that claims shall now be construed using the same claim construction standard that is used to construe the claim in a civil action in federal district court. This rule reflects that the PTAB in an AIA proceeding will apply the same standard applied in federal courts to construe patent claims. The Office also amends the rules to add that any prior claim construction determination concerning a term of the claim in a civil action, or a proceeding before the International Trade Commission ("ITC"), that is timely made of record in an IPR, PGR, or CBM proceeding will be considered.
- Task
- Read the news
- Patent or trademark
- both
- Legacy system
- —
- Current entry point
- www.federalregister.gov/documents/2018/10/11/2018-22006/changes-to-the-claim-construction-standard-for-interpreting-claims-in-trial-proceedings-before-the (permanent link in the Federal Register, verified 2026-09-30)
- Legacy system and where it moved
- No legacy system name mention in title or summary )
- Fee
- No fee mention in title or summary )
- What you need (account or API key)
- No account or key mention in title or summary )
- Published
- 2018-10-11
- Document type
- Rule
- Source
- USPTO documents published in the Federal Register (Federal Register API)(retrieved 2026-10-06)
Everything in the same category
Read the news (all 1988) · both (all 2333)
Related entry points
- Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board
- Rules of Practice To Allocate the Burden of Persuasion on Motions To Amend in Trial Proceedings Before the Patent Trial and Appeal Board
- PTAB Rules of Practice for Instituting on All Challenged Patent Claims and All Grounds and Eliminating the Presumption at Institution Favoring Petitioner as to Testimonial Evidence
- PTAB Rules of Practice for Instituting on All Challenged Patent Claims and All Grounds and Eliminating the Presumption at Institution Favoring Petitioner as to Testimonial Evidence
- Rule Recognizing Privileged Communications Between Clients and Patent Practitioners at the Patent Trial and Appeal Board
- Rules of Practice To Allocate the Burden of Persuasion on Motions To Amend in Trial Proceedings Before the Patent Trial and Appeal Board
- Patents for Humanity Program
- Practice Guide for Proposed Trial Rules
- Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board
- Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board
- Changes to Implement Inter Partes Review Proceedings, Post-Grant Review Proceedings, and Transitional Program for Covered Business Method Patents
- Rules of Practice for Trials Before the Patent Trial and Appeal Board and Judicial Review of Patent Trial and Appeal Board Decisions
- Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board; Correction
- Motion To Amend Practice and Procedures in Trial Proceedings Under the America Invents Act Before the Patent Trial and Appeal Board
- Rule on Attorney-Client Privilege for Trials Before the Patent Trial and Appeal Board
- Office Patent Trial Practice Guide