En Banc Query: Must the PTO Allow Amendments in IPR Proceedings?

by Dennis Crouch In its original Aqua Products decision, the Federal Circuit upheld the USPTO’s tight limits on amendment practice in IPR proceedings. Under the rules, a patentee has one opportunity to propose amendments or substitute claims. However, the proposal will only be granted if the patentee also demonstrates in the motion that the proposed amendments would make the … Continue reading En Banc Query: Must the PTO Allow Amendments in IPR Proceedings?