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Analysis

PTAB Gives Hope For Patent Amendments Amid Reform Talk

Law360 (April 2, 2018, 7:48 PM EDT) -- The Patent Trial and Appeal Board’s recent decision allowing Realtime Data LLC to amend a data storage patent may provide guidance for patent owners looking to secure elusive claim amendments, even while officials continue to search for ways to improve the process.

Amending patent claims in America Invents Act reviews at the PTAB has historically been a difficult task. According to U.S. Patent and Trademark Office statistics, the PTAB denied 92 percent of the motions to amend it decided through September 2017.

The study period does not account for motions decided after the Federal Circuit’s October ruling In re: Aqua Products,...

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