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The Patent Trial and Appeal Board (PTAB) has updated the Motion to Amend Study that presents the data on Motions to Amend filed in AIA trials through the end of Fiscal Year 2017.
Highlights from the updated study include:
- Of the 2,766 trials that have gone to completion or settled, patent owners sought to amend the claims in 275 trials (with 38 more motions to amend pending in on-going trials).
- Of the 275 trials with motions to amend, the PTAB ultimately decided the merits of the motions in 170 trials. In the remaining 105 completed trials, the motions to amend requested solely to cancel claims were rendered moot because the PTAB did not find the original claims unpatentable, or were not decided because the trial terminated prior to a final written decision.
- Of the 170 motions to amend that the PTAB decided, the PTAB granted or granted-in-part 14 motions. For 144 of the 166 motions denied or denied-in-part, the PTAB determined that the 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. For the remaining 22 motions, the PTAB denied on procedural grounds related to the requirements for a motion to amend.
For more details, please check out the Motion to Amend Study Update on the AIA Trial Statistics page and the What’s New page on the USPTO website.
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