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ARTICLE · 13 JANUARY 2016

Does The "Broadest Reasonable Interpretation" Claim Construction Standard Apply To Means-Plus-Function Claim Terms In AIA Trials?

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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For the last three years, America Invents Act (AIA) trials before the Patent Trial and Appeal Board (Board) have been effective tools for challenging the validity of issued patents.

United StatesIntellectual Property
Jason Stach
Jason Stach
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For the last three years, America Invents Act (AIA) trials before the Patent Trial and Appeal Board (Board) have been effective tools for challenging the validity of issued patents. During that time, controversy has surrounded the Board's use of the "broadest reasonable interpretation" (BRI) claim construction standard as opposed to the narrower Phillips construction standard used in district courts. In theory, the Board's broader claim construction standard makes it easier to find claims unpatentable, and critics cite the BRI standard as one factor in the Board's high invalidation rate. Others believe this controversy is much ado about nothing because most cases will not turn on which standard applies.

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