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Schwegman Lundberg & Woessner

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New Post-Grant Actions Fixing Patent Problems as Demonstrated by Early PTAB Motion Practice

The new post-grant review provisions of the America Invents Act are not even a year old and yet the public is already benefitting from these proceedings in the USPTO Patent Trial and Appeal Board (PTAB).  But how can this be since most of these proceedings are months away from trial?  Early settlement?  Yes, perhaps in some cases, but there are also benefits derived from pending matters where claim amendments are being proposed by patent owners.  Such cases represent an early identification of patent errors, because claim amendments are not made lightly in post-grant proceedings.  Patent Owners submit amendments via Motions to Amend.  By law, those motions cannot broaden claim scope.  In different trials, motions for amendment of claims are already being filed to correct issues with patent claims raised in the proceedings.

Timothy Bianchi

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