Analysis

Fed. Circ. Amendment Ruling Ups Patent Owners’ AIA Odds

Law360, New York (October 4, 2017, 10:00 PM EDT) -- Patent owners will have a better shot at amending patent claims in America Invents Act reviews and avoiding invalidity decisions under Wednesday's long-awaited Federal Circuit ruling, although attorneys said that amendments might still be a challenge to obtain.

In an en banc decision, the full appeals court discarded the U.S. Patent and Trademark Office’s rule that when owners seek to amend their patents in AIA reviews, they have the burden of proving that the proposed new claims are patentable.

Instead, the petitioner challenging the validity of the patent has the burden of showing that the new claims are unpatentable, the court said....

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