Brinckerhoff Comments on Proposed USPTO Rule Change

Partner Courtenay Brinckerhoff was quoted in a BioWorld article, “USPTO rule change could end PTAB’s reputation as a patent killer,” about a proposed change in the rules that would align the standard the Patent Trial and Appeal Board uses in inter partes review proceedings with that of the courts.

Brinckerhoff said PTAB currently uses the “broadest reasonable interpretation” standard, which some patent holders claim is too broad and not very reasonable.

She also said PTAB’s broader reading opens a patent claim to more prior art than the courts’ narrow interpretation, meaning that a claim that has stood up under court scrutiny could still be struck down by PTAB. By restricting the prior art that would be considered, she said, the proposed rule change could lead PTAB to validate more claims.