The USPTO published a Notice of Proposed Rulemaking on May 9, 2018, proposing replacing the current claim construction standard of broadest reasonable interpretation (BRI) in IPR, PGR, and CBM proceedings with an approach that follows the framework set forth in Phillips. The Office also proposed to amend the rules to add that the Office will consider any prior claim construction determination concerning a term of the involved claim in a civil action, or an ITC proceeding, that is timely made of record.

The comment period will end on July 9, 2018.

(reported by Richard Chinn on LinkedIn)