Is Amending at the PTAB About to Become Even More Difficult?

Director Robert Greene Sterne will be co-chairing PLI’s webinar “Is Amending at the PTAB About to Become Even More Difficult?” on Wednesday, December 12, 2018. 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.

The webinar will

• 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
• Examining these changes and their practical implications