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June 20, 2016

Comments

During prosecution all too often "broadest reasonable interpretation" becomes "broad unreasonable interpretation". Hopefully in IPR a reasonably realistic standard is adopted. The gold standard, in all cases, is of course "correct interpretation".

It is "known" that IPR does not equal "correct interpretation" because the Office DURING prosecution does not take the time to find that exact line and instead pushes to include more so that any "smudging" during litigation will still fall within the "correct" wherever that may actually be.

We are instituting a standard that guarantees that some patent rights will be sacrificed. By design.

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