PTO Publishes Draft Altered Procedures for Amendments in AIA Proceedings

By Josh Rich — In AIA post-grant proceedings — specifically, Post-Grant Review (“PGR”), Inter Partes Review (“IPR”), and Covered Business Method (“CBM”) review — the patentee has the right to seek to amend the claims rather than fight over the issued claims. However, in 90% of the cases in which a motion to amend has been decided by the Patent Trial and Appeal Board (“PTAB”), the motion has been denied. Based significantly on the dismal success rate of those motions to amend, the U.S. Patent and Trademark Office has now proposed an altered protocol for considering motions to amend in…

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