Difference between revisions of "Broadest Reasonable Interpretation"
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The '''Broadest Reasonable Interpretation''' (BRI) was a rule of construction used by the Patent & Trademark Office (PTO) which created a bias against inventors such that the PTO would construe their patent claims as broadly as possible after they were issued, and then invalidate them based on an overly broad interpretation. Patent-holders have traditionally been denied the ability to narrow their claims by amendment after a patent is issued. | The '''Broadest Reasonable Interpretation''' (BRI) was a rule of construction used by the Patent & Trademark Office (PTO) which created a bias against inventors such that the PTO would construe their patent claims as broadly as possible after they were issued, and then invalidate them based on an overly broad interpretation. Patent-holders have traditionally been denied the ability to narrow their claims by amendment after a patent is issued. | ||
| − | This rule was replace by the "''Phillips''" rule in October 2018, based on comments to the PTO that overwhelmingly supported this change by the agency.<ref>[https://www.federalregister.gov/documents/2018/10/11/2018-22006/changes-to-the-claim-construction-standard-for-interpreting-claims-in-trial-proceedings-before-the Federal Register]</ref> | + | This rule was replace by the "''Phillips''" rule in October 2018, based on comments<ref>https://www.uspto.gov/patents-application-process/patent-trial-and-appeal-board/comments-changes-claim-construction</ref> to the PTO that overwhelmingly supported this change by the agency.<ref>[https://www.federalregister.gov/documents/2018/10/11/2018-22006/changes-to-the-claim-construction-standard-for-interpreting-claims-in-trial-proceedings-before-the Federal Register]</ref> |
== See also == | == See also == | ||
*[http://www.ipwatchdog.com/2016/02/13/patent-claim-interpretation-the-broadest-reasonable-interpretation-standard/id=66067/ Gene Quinn, Editor and Founder of IP Watchdog] | *[http://www.ipwatchdog.com/2016/02/13/patent-claim-interpretation-the-broadest-reasonable-interpretation-standard/id=66067/ Gene Quinn, Editor and Founder of IP Watchdog] | ||
== References == | == References == | ||
| − | < | + | <references/> |
[[category:Patent Law]] | [[category:Patent Law]] | ||
Revision as of 03:25, November 23, 2018
The Broadest Reasonable Interpretation (BRI) was a rule of construction used by the Patent & Trademark Office (PTO) which created a bias against inventors such that the PTO would construe their patent claims as broadly as possible after they were issued, and then invalidate them based on an overly broad interpretation. Patent-holders have traditionally been denied the ability to narrow their claims by amendment after a patent is issued.
This rule was replace by the "Phillips" rule in October 2018, based on comments[1] to the PTO that overwhelmingly supported this change by the agency.[2]