Unclear If PTO Has Rulemaking Authority Over Substantive Patentability Standards?: Congress gave PTO authority to decide whether to apply “broadest reasonable interpretation” of claims in IPR proceedings, but did not grant “the PTO power to interpret substantive statutory ‘patentability’ standards.” In re Cuozzo (Fed. Cir. 07/08/15) (2-1) (this point was added in new opinion), aff’d on other grounds (U.S. 06/20/2016) (IPR statute’s grant to PTO to issue rules “governing inter partes review,” is not limited to procedural rules, and thus includes claim-construction standard).
Patent Defenses is a research tool maintained by Klarquist since 2004. Visit klarquist.com to learn more about us.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.