Patent Claims Must Be "Clear" At The PTAB: The Nautilus “Reasonable Certainty” Standard For Claim Definiteness Not Applied In AIA Post Grant Proceedings, PTAB Litigation Blog
The definiteness requirement for patent claims is set forth in Section 112(b), mandating that a patent specification conclude with one or more claims “particularly pointing out and distinctly claiming subject matter which the applicant regards as his invention.” 35 U.S.C. §112(b). In PGRs and CBMs, a patent claim can be challenged at the PTAB as being indefinite under § 112(b). IPR petitions are limited to prior art challenges and cannot be based on § 112 grounds, although indefiniteness issues do occasionally arise in IPRs; for example, the PTAB has refused to institute or has terminated some IPRs upon finding the claims indefinite, preventing a comparison of the claims to the prior art.
Read the full article at ptablitigationblog.com.