Amended Claims In IPRs Must Clear Higher Hurdle Than Original Claims, PTAB Litigation Blog
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).
Read the full article at ptablitigationblog.com.
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