Easier AIA Review Amendments Still May Not Be Best Option

By Erin Coe (August 27, 2015, 2:06 PM EDT) -- The Patent Trial and Appeal Board in recent months has made it easier to seek patent amendments in America Invents Act challenges, a move that may lead to a slight uptick in amendment requests, but attorneys say it may still be a smarter bet to pursue more flexible proceedings outside the PTAB.

Many patent owners had criticized the PTAB for making it nearly impossible to amend claims — a key tool for saving their patents from invalidity challenges — mainly because of a rule that amendments will be granted only if it is shown that the new claims are patentable over...

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