Claim Construction in Post Grant Review & Inter Partes Review

Claim Construction in Post Grant Review & Inter Partes Review

Claim Construction in Post Grant Review & Inter Partes Review

RESOLVED, that in Post-Grant Review and Inter Partes Review proceedings in the USPTO, IPO supports that each claim of a patent shall be construed as such claim has been or would be in a civil action to invalidate a patent under 35 U.S.C. § 282, including construing each claim of the patent in accordance with the ordinary and customary meaning of such claim as understood by one of ordinary skill in the art, the prosecution history pertaining to the patent, and prior judicial determinations and stipulations relating to the patent.

Intellectual Property Owners Association
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