Published on: 08/13/2018 17:10 PM
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Patent Trial and Appeal Board
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The PTAB has published the fourth installment of its
Motion to Amend Study, which tracks and analyzes all
motions to amend filed in AIA trials through the end of March 2018.
Highlights from the installment include:
- Of the
3,203 trials that have gone to completion or settled, patent owners sought to
amend the claims in 305 trials.
- Of the 305
trials with motions to amend, the PTAB ultimately decided the merits of the
motions in 189 trials. In the remaining 116 completed trials, the motions
to amend were rendered moot because the PTAB did not find the original claims unpatentable,
were not decided because the trial terminated prior to a final written decision,
or were an amendment that only sought to cancel claims.
- Of the 189
motions to amend that the PTAB decided, the PTAB granted or granted-in-part 18
motions. For 160 of the 182 motions denied or denied-in-part, the PTAB
determined that that proposed amended claims did not satisfy at least one
statutory requirement of patentability—akin to an examiner rejecting a proposed
amended claim because it is anticipated, obvious, not adequately described in
the written description, indefinite, or directed to non-statutory subject
matter—or found that the patent owner failed to satisfy the statutory
requirements for a motion to amend under 35 U.S.C. § 316(d). For the
remaining 22 motions, the PTAB denied on procedural grounds related to the
regulatory requirements for a motion to amend.
- As of the
midpoint of FY 2018, patent owners had filed more motions to amend than in
recent fiscal years.
For more details, please check out the Motion to Amend Study Update under the PTAB Statistics page of the USPTO website.
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