Scott Hogan asks readers, “Can We Just Be Reasonable?”

Scott Hogan contributed a chapter to The International Comparative Legal Guide to Patents 2019, 9th edition. The chapter is entitled Can We Just Be Reasonable? and explores the Broadest Reasonable Interpretation standard used by U.S. Patent Office personnel during patent examination. Scott offers the reader a guided tour of the BRI standard, explaining what it is, why it is used, and how the Federal Courts have been repeatedly nudging the USPTO back toward the proper side of the reasonableness divide. The article is punctuated with useful practice tips and sprinkled with anecdotal examples that practitioners will find both familiar and amusing.

The 9th edition of the Guide was published in August 2018 by the Global Legal Group and features contributions from patent professionals around the world. The full Guide is available on the ICLG website, and Scott’s chapter is available below.



Download & Print PDF