PTAB Limits On Amendment Rejections Spur Quality Worries
Law360 (July 13, 2020, 8:48 PM EDT) -- A recent decision that the Patent Trial and Appeal Board should only craft its own reasons to reject proposed amended claims in "rare circumstances" has stirred concern among attorneys, who say it appears in tension with the patent office's responsibility to ensure that only valid claims are issued.
The PTAB's Precedential Opinion Panel, which includes Chief Judge Scott Boalick and U.S. Patent and Trademark Office Director Andrei Iancu, ruled last week in Hunting Titan v. DynaEnergetics that in most cases, decisions on whether to reject proposed amended claims in inter partes reviews should be based on invalidity arguments made by the...
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