PTAB has granted six of 118 reviewed motions to amend – study
A new USPTO study reveals the Patent Trial and Appeal Board (PTAB) has granted 5% of the motions to amend that it has had a chance to review and is on track to have about 50 motions filed this year, consistent with the level filed in 2013 and 2015
Six of the 192 motions to amend claims filed during
completed or settled Patent Trial and Appeal Board (PTAB)
trials have been granted or granted in part, the USPTO reveals
in a new
study on PTAB amendment motions.
However, the USPTO pushed back on criticism of the
difficulty of amending claims at the PTAB.
"We’ve heard concerns that, while the America
Invents Act (AIA) gives patent owners the right to file a
motion to amend its claims during a trial, few such motions
have been granted as compared to the number of total petitions
filed," noted Nathan Kelley, acting chief administrative patent
judge at the PTAB, in a blog post. "Given the degree of public
interest on this topic, and to provide greater...
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