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ARTICLE · 22 AUGUST 2018

PTAB Issues Fourth Installment Of Its Motion To Amend Study

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On Monday, the PTAB issued its fourth installment of its ongoing motion to amend study, providing details on motions to amend filed and decided through March 31, 2018.

United StatesIntellectual Property
Matthew Johnson
Matthew Johnson
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On Monday, the PTAB issued its fourth installment of its ongoing motion to amend study, providing details on motions to amend filed and decided through March 31, 2018. Patent owners have filed a motion to amend in 305 of the 3,203 completed trials (11%), and in 56 of the 725 pending trials (8%)—a total of 361 motions to amend. The Board decided a motion to amend requesting to substitute claims in 189 of the 305 completed trials (62%). In the remaining 116 completed trials (38%), the motion to amend: (a) requested solely to cancel claims (20 or 7%), (b) was rendered moot because the panel of judges found the original claims patentable or because the panel of judges already decided a motion to amend proposing the same substitute claims (35 or 11%), or (c) was not decided because the case terminated prior to a final written decision (61 or 20%).

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