While the America Invents Act (AIA) permits amendments to claims during an inter partes review (IPR), attempts to amend claims have been largely unsuccessful to date. Indeed, the Patent Trial and Appeal Board (Board) has allowed amendment of claims (as opposed to outright cancellation) very infrequently since the A IA took effect. In this article, we consider the rules permitting amendments, survey the results of attempts to amend, and outline alternative strategies for amending claims of patents that are involved in IPR proceedings.
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Originally published in Intellectual Property Today, February 2015
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