Patent Office Updates Regulations on Amending Patents at PTAB

Dec. 18, 2020, 7:52 PM

The U.S. Patent and Trademark Office has updated regulations on amending patents during validity challenges, the latest in a wave of agency updates in the last weeks of the Trump administration.

Companies facing Patent Trial and Appeal Board challenges to invalidate their intellectual property can move to amend their patents, or introduce new claims, during proceedings. Under regulatory updates scheduled to be published Monday in the Federal Register, PTAB challengers bear the burden of proving those substitute claims are invalid. The regulatory revision codifies existing agency practice.

In view of case law “and to better ensure the predictability and certainty ...

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