Law360, New York ( September 22, 2014, 10:11 AM EDT) -- The U.S. Patent and Trademark Office has published a "Request for Comments on Trial Proceedings Under the America Invents Act Before the Patent Trial and Appeal Board," requesting written comments on or before Sept. 16, 2014. [1] One of the questions relates to the claim construction standard to be applied in inter partes review and/or covered business method proceedings.[2] Thus far, the PTAB has applied the "broadest reasonable interpretation" ("BRI") standard to IPR and CBM proceedings, except when a patent has expired.[3] A question raised in both proposed legislation and in PTAB proceedings is whether, or under what circumstances, the PTAB should employ the same standard for claim construction as district courts....