Invalidity

  • 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).

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