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PK Comments on USPTO Trial Proceedings

September 30, 2014

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

In re: Request for Comments on Trial Proceedings Under the America Invents Act Before the Patent Trial and Appeal Board

Docket No. PTO-P-2014-0031
79 Fed. Reg. 36474

COMMENTS OF PUBLIC KNOWLEDGE
 

Attn: Scott R. Boalick
Vice Chief Administrative Patent Judge (Acting)
Patent Trial and Appeal Board
P.O. Box 1450
Alexandria, VA 22313-1450
TrialsRFC2014@uspto.gov

 

Public Knowledge respectfully submits these comments in response to the Request for Comments on Trial Proceedings Under the America Invents Act Before the Patent Trial and Appeal Board dated June 27, 2014. These comments respond to issues 1 and 2 of the Request for Comments, relating to the broadest reasonable interpretation standard and motion to amend practice, respectively.

Public Knowledge is a nonprofit organization that promotes the public interest in the areas of law and technology policy, particularly in the area of intellectual property law. Briefly, Public Knowledge supports the application of the broadest reasonable interpretation standard in all proceedings before the Board involving unexpired patents, because that standard best promotes the public interest in clarity of patents. These comments also briefly remark on the useful value of amendment practice, and the high rate of claim cancellation before the Board.

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