En Banc Federal Circuit Considering The Ground Rules For Claim Amendments In Post-Grant Proceedings: In re: Aqua Products, PTAB Litigation Blog
Claim amendments in IPRs are statutorily authorized by the AIA. 35 U.S.C. § 316(d)(1) provides that "[d]uring an inter partes review instituted under this chapter, the patent owner may file 1 motion to amend the patent in 1 or more of the following ways: (A) Cancel any challenged patent claim [or] (B) For each challenged claim, propose a reasonable number of substitute claims." The claims may be amended but not broadened in an IPR, as § 316(d)(3) further dictates that "[a]n amendment under this subsection may not enlarge the scope of the claims of the patent or introduce new matter."
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