PTAB to follow judicial approach in AIA ‘indefinite’ challenges
The US Patent and Trademark Office (USPTO) has clarified the way in which the Patent Trial and Appeal Board (PTAB) should approach the issue of indefiniteness in post-grant proceedings, aligning the PTAB’s approach with that of the courts.
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5 February 2020 The US Court of Appeals for the Federal Circuit yesterday, February 4, said that the Patent Trial and Appeal Board cannot invalidate patent claims for indefiniteness.