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Expert Analysis

New USPTO Motion-To-Amend Program Raises Concerns

By Nathan Kelley (March 29, 2019, 3:49 PM EDT) -- On March 15, 2019, the U.S. Patent and Trademark Office announced a new pilot program directed toward motion-to-amend practice during inter partes reviews and other trial proceedings under the America Invents Act.[1] The pilot program is effective immediately for all AIA trials instituted on or after the announcement. This article describes the pilot program and raises some concerns about one of its key pillars: interim guidance on the patentability of the proposed amended claims....

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