Andy Ehmke and David McCombs in Law360: Why An IPR Amendment Off Ramp Makes Sense


A recently proposed amendment to Senate Bill 1137 introduces an improved process for handling claim amendments in patent office trials (i.e., inter partes reviews, post-grant reviews and covered business method reviews). The new process provides an “off-ramp” for amendments that takes them out of the time-constrained trial schedule and puts them in an ordinary examination process. This off-ramp approach addresses the complaint of many patent owners that claim amendments are too difficult to obtain in patent office trials, while also benefiting petitioners and the Patent Trial and Appeal Board. It’s a win-win-win solution.

Excerpted from Law360. To read the full article click here (subscription required).

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