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Written March 14, 2019
The Patent Trial and Appeal Board on March 13, 2019, published the fifth installment of its Motion to Amend Study, which tracks and analyzes all motions to amend filed in AIA trials through the end of September 2018.
Of the 3,599 trials that have gone to completion or settled, patent owners sought to amend the claims in 326 trials. Of the 326 trials with motions to amend, the PTAB ultimately decided the merits of the motions in 205 trials. In the remaining 121 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. For more details, please check out the Motion to Amend Study Update.
Of the 3,599 trials that have gone to completion or settled, patent owners sought to amend the claims in 326 trials. Of the 326 trials with motions to amend, the PTAB ultimately decided the merits of the motions in 205 trials. In the remaining 121 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. For more details, please check out the Motion to Amend Study Update.
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