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Amended Claims In IPRs Must Clear Higher Hurdle Than Original Claims, PTAB Litigation Blog

February 2019

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An IPR of issued patent claims is statutorily limited to prior art challenges based on patents and printed publications under § 102 (novelty) or § 103 (obviousness). The PTAB may not institute an IPR of existing patent claims on other unpatentability grounds, including, for example, § 101 (statutory patent-eligible subject matter) or § 112 (definiteness, enablement, written description).

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