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Senate Plan To Ease AIA Amendments Could Tangle Process

Law360, New York (September 28, 2015, 4:08 PM EDT) -- A proposal floated in the U.S. Senate to overhaul America Invents Act reviews by having examiners, rather than the Patent Trial and Appeal Board, evaluate proposed amendments to patents would aid patent owners who have complained the PTAB rarely allows amendments, but it could greatly complicate the AIA process, attorneys say.

A draft of proposed amendments to the PATENT Act, S.1137, was made public Friday and would establish a system in which, after the PTAB institutes an AIA review of a patent, the patentee could request examination of proposed amended claims by the patent office. That examination would proceed separately from...

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