PTAB To Use District Court Standard for Indefiniteness (1)

The Patent Trial and Appeal Board will use the standard applied in federal district courts to determine whether a patent claim is indefinite in validity challenges, addressing what attorneys say has been a lingering source of confusion.

Andrei Iancu, the director of the U.S. Patent and Trademark Office, and other agency leaders issued a memo to the PTAB Wednesday explaining the approach that will be used in review proceedings established under the America Invents Act. The memo said it will lead to more predictability, which has been a focus of Iancu’s tenure.

Aligning “the indefiniteness approach in AIA post-grant proceedings ...