On March 15, 2019, the USPTO implemented a pilot program making certain changes to motion to amend practice in AIA trial proceedings. Historically, motions to amend have been filed in only 11% of AIA trial proceedings, demonstrating their lack of popularity. The vast majority of motions, 86%, filed prior to the pilot program were denied. In view of this context, the USPTO developed the pilot program to provide “an improved amendment practice in AIA trials … that is fair and balanced for all parties and stakeholders.”
Roger Lee and Adam Banes authored an article for Law360 analyzing the impact of the PTAB’s motion to amend pilot program. Click here to view the Law360 article.