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Recent changes at the USPTO driven by Director Iancu have created a procedure for amendment of claims in PTAB proceedings. While the AIA statute indicated that claim amendment in these proceedings were available to Patent Owners, the implementation of the post-grant rules effectively precluded any practical avenue for such amendment. Consequently, only a very few claim amendments have occurred. These rule changes by the Office suggest that claim amendment may now be more frequent.
Please join Scott A. McKeown of Ropes & Gray LLP and Robert Greene Sterne of Sterne, Kessler, Goldstein & Fox, P.L.L.C., chairs of PLI’s highly regarded Post Grant Patent Trials Conference as they:
- Discuss how these changes follow the recent Office move from BRI to the Phillips claim construction standard in PTAB proceedings and the impact on the PTAB workflow and decision-making created by the Supreme Court SAS decision
- Explore how these two other recent developments impact the new claim amendment procedure
- Examine these changes and their practical implications