Inter Partes Review: A Major Change For Claim Amendments

Law360, New York (August 14, 2013, 11:43 AM EDT) -- One feature of the U.S. Patent and Trademark Office's new inter partes review procedure that is different from conventional Federal court litigation is the patent owner's ability to amend or replace the claims being challenged, to overcome the art cited by the IPR petitioner. Until recently, it has not been clear how much latitude the patent owner would have to amend claims. The IPR regulations merely provide that the patent owner can file one motion to amend with presumptively a single amended or new claim to replace each withdrawn old claim. 37 C.F.R. § 42.121 (a)....

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