From the Alliance

May. 8, 2018

Innovation Alliance Statement on USPTO’s Proposed Changes to the Claim Construction Standard for PTAB Proceedings

WASHINGTON, D.C. – Innovation Alliance Executive Director Brian Pomper today issued the following statement in response to the U.S. Patent and Trademark Office’s (USPTO) proposed rulemaking to change to the claim construction standard for interpreting claims in trial proceedings before the Patent Trial and Appeal Board (PTAB):

“The Innovation Alliance applauds Director Iancu and the USPTO for taking proactive steps today to remedy the imbalance in the current inter partes review (IPR) proceedings conducted by the PTAB. Building on his extensive personal experience in patent law, Director Iancu has taken great pains to listen to concerns about the IPR process raised by many stakeholders, including independent inventors, universities and industry groups.

“The proposed rule announced today reflects the broad consensus that implementation of the IPR process has strayed from the Congressional intent when it was included in the 2011 America Invents Act. Under the current IPR process, 80% of patents challenged have been declared invalid. Meanwhile, in federal courts, the patent invalidation rate is closer to 40%. Today’s proposed rule would require PTAB to use the same federal court standard for considering patent claims, helping restore predictability to the process and avoiding inconsistent results when the same patent is adjudicated in different forums.

“We encourage USPTO to move to finalize this proposed rule as soon as possible. We also urge Congress to take up and pass the STRONGER Patents Act, which would put this change into the law, as well as make other important changes to strengthen patent protections and ensure our patent system continues to drive U.S. innovation, economic growth and job creation.”



The Innovation Alliance represents innovators, patent owners and stakeholders from a diverse range of industries that believe in the critical importance of maintaining a strong patent system that supports innovative enterprises of all sizes. Innovation Alliance members can be found in large and small communities across the country, helping to fuel the innovation pipeline and drive the 21st century economy. Learn more at

Contact: Steve Posner, (202) 827-9688,