PTAB Motion to Amend: A Niche within a Niche
Tue, Apr 18
|Virtual PTAB panel via Zoom
VPG has gathered a few practitioners to discuss the trends and lessons learned by PTAB practitioners over the years. We aim to provide practice tips for both patent owners and petitioners dealing with Motions to Amend (MTA).
Time & Location
Apr 18, 2023, 1:00 PM – 2:15 PM EDT
Virtual PTAB panel via Zoom
Guests
About the Event
It has been over three years since the United States Patent and Trademark Office (USPTO) introduced its Motion to Amend (MTA) Pilot Program. The Pilot Program offered patent owners an option to (1) receive Preliminary Guidance on the merits of their MTA from the Patent Trial and Appeal Board (PTAB) and (2) submit a revised MTA addressing any issues raised in the Preliminary Guidance.
MTA became a niche within an already specialized PTAB practice. MTA can be a powerful tool for patent owners to obtain claims that are “blessed” by the PTAB. To balance this advantage for patent owners, petitioners have nearly a full arsenal of invalidity tools at their disposal (Sections 101, 102, 103, and 112) to combat an MTA. Some of this would not have been otherwise available in the proceeding. The nuances of MTA practice can catch inexperienced or unaware practitioners off-guard, which potentially adds to the…