USPTO Maintains Position on Claim Interpretation in Post-Grant and Inter Partes Reviews

The U.S. Patent and Trademark Office has re-affirmed its decades-old position on claim interpretation in proceedings before the Office. The USPTO has consistently given patent claims their broadest reasonable claim interpretation when examining patent applications. According to the USPTO, that approach provides an appropriate balance between applicants and the public by giving the public an indication of the maximum scope of the claims, while permitting applicants to amend their claims in USPTO proceedings so that they can avoid ambiguities and overly broad claims. The USPTO's goal has been to issue patents that are clear and defensible early in the patent process.

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