Analysis

PTAB's Amendment Leeway Unclear After Fed. Circ. Criticism

By Ryan Davis (April 7, 2022, 5:57 PM EDT) -- After a recent Federal Circuit decision criticized, but left intact, limits on when the Patent Trial and Appeal Board can devise reasons to reject requests to amend patents, the extent of the board's freedom remains murky, though the new patent office director could clarify it.

The appeals court last month affirmed a decision by the board's Precedential Opinion Panel that allowed DynaEnergetics to amend an oil well patent challenged by Hunting Titan in an inter partes review, though it said the panel's holding was "problematic."

The POP, which consists of top U.S. Patent and Trademark Office officials, held that only in "rare...

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