Post-Grant Proceedings Attorney in Minneapolis, Minnesota

Interpretational Differences Between Prosecution and Litigation

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Post-grant proceedings use a different interpretational standard than district court litigation. Post-grant proceedings use what’s called a broadest reasonable interpretation standard. District courts use more of an informed interpretive standard that is defied under the Phillips Doctrine. Therefore, what will happen in these post-grant proceedings is that if the board makes a determination of a patent term’s – let’s back that up.

Therefore, if the patent board defines a term in these post-grant proceedings, that can be used by district courts to make their own determinations. So we see that the work from the post-grant review can actually factor into district court decision-making.

Minneapolis patent attorney Tim Bianchi explains how post grant proceedings lessen the interpretational differences between prosecution and litigation.

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