Analysis

What You Need To Know About PTAB Amendment Guidance

Law360, New York (November 30, 2017, 10:09 PM EST) -- The Patent Trial and Appeal Board has released new guidance on amending patent claims in America Invents Act reviews, a measure that, while limited, should help to ensure a level of consistency among different panels of judges at the board, attorneys said.

The guidance, dated Nov. 21, comes in response to the Federal Circuit’s en banc decision in October discarding the U.S. Patent and Trademark Office’s rule that when owners seek to amend their patents in AIA reviews, they have the burden of proving the proposed new claims are patentable.

“It's helpful and it's consistent with what I think the PTAB is trying...

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