Reading The Tea Leaves Of PTAB's Motion To Amend Study

Law360, New York (July 27, 2020, 4:35 PM EDT) -- The Patent Trial and Appeal Board's latest installment of its study on motions to amend[1] offers a glimpse of the impact of its pilot program, which was ostensibly created to "enhance the effectiveness and fairness"[2] of the PTAB's procedures for moving to amend claims.

In March 2019, the PTAB launched the pilot program with new procedural options including allowing patent owners to receive preliminary, nonbinding feedback from the board and the ability to file a revised motion to amend following the preliminary guidance.[3] Patent owners were hopeful that these new options would increase the success rate of amending patent claims, which...

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