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News & Press: Public Policy Statements

STATEMENT OF LES (USA AND CANADA) ON USPTO DECISION TO REVISE PTAB CLAIM CONSTRUCTION

Wednesday, May 9, 2018   (0 Comments)
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The Licensing Executives Society (USA and Canada), Inc. (LES) is pleased that Director Iancu has adopted its recommendation to modify PTAB proceedings to afford patent owners greater due process protections and to bring greater consistency relative to corresponding proceedings in Article III courts.  The USPTO's decision to construe claims in PTAB proceedings according to the Phillips standard, as opposed to the broadest reasonable interpretation (BRI), will enhance the reliability of U.S. patents, and further stimulate innovation and economic development. 

On April 4th, the leadership of LES met with Director Iancu and his senior leadership team to discuss steps the USPTO could take to improve the U.S. patent system.  This change in claim construction was a leading recommendation.  LES is delighted that Director Iancu has chosen to pursue this initiative.  It aligns the public interest and the private rights of inventors.  LES looks forward to working with the USPTO to implement additional changes to restore the reputation of the U.S. patent system as the best in the world, and the U.S. as the premiere destination for investment and innovation


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