Tonight, check out Scott McKeown's article Why Motions to Amend at the PTAB Are of Such Great Interest noting the Patent Trial Appeal Board (PTAB) practice to deny amendment to the claims in nearly all cases and suggesting solutions.
Mr. McKeown notes "there have been 66 motions to amend filed at the PTAB to date, roughly 50% of the final decisions to date. (5 CBM, 61 IPRs). The current success rate (where patent owner tried to substitute new claims as opposed to simple claim cancellation) is 4.1%. In other words, 95.9% such motions were denied. Clearly such statistics create a public relations issue for the PTAB as being anti-patent."
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