The Downsides Of PTAB's New Claim Amendment Program

By Scott Hejny (April 3, 2019, 2:29 PM EDT) -- For several years the U.S. Patent and Trademark Office has been under pressure to make the post-grant proceedings under the America Invents Act more evenhanded toward patent owners. Initial institution rates and rates of patent claim cancellation were high, and many patent owners felt that the Patent Trial and Appeal Board post-grant review process, particularly inter partes review proceedings, were unfairly skewed in favor of petitioners. In response, the PTO has instituted changes, including the adoption of new procedures and new precedent governing IPR proceedings. Some of these changes seem to be having an effect since institution rates have dropped from about 87% in 2013 to roughly 60 percent at the close of 2018.[1]...

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