While the American Invents Act allows for amendments to claims during an inter partes review, to date attempts to amend claims have largely been unsuccessful. In the nearly three years since post grant review proceedings under the AIA took effect (Sept. 16, 2012), the Patent Trial and Appeal Board has only granted four motions to amend adding substitute claims in IPR proceedings. The PTAB has received much criticism by both patent owners and judges that the ability to amend claims in inter partes review is mostly an illusion. In response, over the past several months the PTAB has been trying to send a message to the public that amendments are possible.
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