The attached rulemaking proposal is concurrently being sent to the Hon. Joseph D. Matal, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. The proposal would attenuate the consequences of the “broadest reasonable [claim] construction rule.
Under the proposal, in order to solve problems raised for the patent community relating to “broadest reasonable [claim] interpretation” under Cuozzo Speed, Rule 73 should be rewritten as follows:
“[Under new] rule 37 CFR § 1.73(b) the provision is proposed ‘[t]he broadest reasonable interpretation’ normally given to a claim for purposes of infringement shall not expand the scope of any claim beyond any definition for such claim under [37 CFR § 1.73(a)].”