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ARTICLE · 20 JUNE 2016

Federal Circuit Emphasizes Reason In Application Of Broadest Reasonable Interpretation

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The court's emphasis on the "reasonable" requirement of that standard is welcomed by practitioners who often find USPTO claim constructions to be unreasonably broad.

United StatesIntellectual Property
Courtenay Brinckerhoff
Courtenay Brinckerhoff
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As we wait for the Supreme Court decision in Cuozzo Speed Technologies, LLC v. Lee, where the Court has been asked to decide whether the USPTO Patent Trial and Appeal Board (PTAB) should apply the “broadest reasonable interpretation” (BRI) of claims during Inter Partes Review proceedings, the Federal Circuit has been providing guidance on how to apply the BRI standard. The court’s emphasis on the “reasonable” requirement of that standard is welcomed by practitioners who often find USPTO claim constructions to be unreasonably broad.

The Broadest Reasonable Interpretation Standard

In Cuozzo, the Federal Circuit upheld the PTAB rule adopting the BRI for IPR proceedings, 37 CFR § 42.100(b):

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