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ARTICLE · 02 NOVEMBER 2018

USPTO Adopts Phillips Standard Of Patent Claims

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On November 13, 2018, the USPTO adopts the standard of patent claims that will be applied during inter partes review, post-grant review, and covered business method and review proceedings before the PTAB.

PolandIntellectual Property
Iwona Płodzich-Hennig
Iwona Płodzich-Hennig

On November 13, 2018, the United States Patent and Trademark Office (USPTO) adopts the standard of patent claims that will be applied during inter partes review (IPR), post-grant review (PGR), and covered business method (CBM) and review proceedings before the Patent Trial and Appeal Board (PTAB).

Therefore, the USPTO will adopt one standard of construing patent claims that will be applied not only in patent prosecution, but also in patent infringement proceedings and invalidation of a patent in the course of opposition proceedings.

The Phillips standard is a result of a court battle in the US in the case PHILLIPS v. AWH CORP1. Summing up, in the interpretation of patent claims, the most important is the ordinary meaning of words used in a claim as understood by a person skilled in the art. The guidelines in the description of an invention where the patentee may include his own glossary of the terms used in the description or in the claims, may be helpful as well.

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