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Patent Trial and Appeal Board

PTAB updates Motion to Amend Study

he Patent Trial and Appeal Board (PTAB) has published the ninth installment of its Motion to Amend (MTA) Study. This study tracks and analyzes all motions to amend, including MTA pilot program motions and pre-pilot motions, filed in trial proceedings under the America Invents Act (AIA) through the end of March 2024. This installment includes approximately five years of information specific to MTA pilot program results from the start of the pilot program on March 15, 2019 through March 31, 2024.

On March 4, 2024, the United States Patent and Trademark Office (USPTO) published a notice of proposed rulemaking to make permanent the options of the MTA pilot program and to revise its rules of practice in AIA trials in connection with motions to amend. The comment period closed on May 3, 2024.

The Motion to Amend Study Update (Installment 9) can be found on the PTAB Statistics page of the USPTO website.

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