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ARTICLE · 22 APRIL 2019

PTAB Issues Fifth Installment Of Its Motion To Amend Study

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As previously reported, there has been an increase in the number of motions to amend filed in fiscal year 2018, when compared to other fiscal years.

United StatesIntellectual Property
Emily J. Tait
Emily J. Tait
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On March 13, 2019, the PTAB issued the fifth installment of its ongoing Motion to Amend Study, which tracks and analyzes motions to amend filed in AIA trials through September 30, 2018 (end of Fiscal Year 2018).

The data collected by the Board includes: (1) the number of motions to amend filed in AIA trials, both as a cumulative total and by fiscal year; (1) subsequent developments of each motion to amend; (3) the number of motions to amend requesting to substitute claims that were granted, granted-in-part, denied-in-part, and denied; and (4) the reasons the Board provided for denying entry of substitute claims. The most recently collected data is summarized below.

Patent owners have filed a motion to amend in 326 of the 3,599 completed trials (9%), and in 90 of the 670 pending trials (13%)—a total of 416 motions to amend.

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