Authored by Michelle Carniaux and Michael E. Sander
One of the more significant differences between litigating patent validity in an inter partes review proceedings over a district court, is that a different claim construction standard applies. In an inter partes review proceeding, claims are given the “broadest reasonable construction” (“BRC”). 37 C.F.R. § 42.100(b). The patent office uses the BRC standard because in patent office proceedings, patent owners may amend their claims to read on to existing technology and, the BRC standard “reduce[s] the possibility that, after the patent is granted, the claims may be interpreted as giving broader coverage than is justified.” In re Reuter, 670 F.2d 1015, 1019 (C.C.P.A. 1981).