Motion to Amend Pilot Program Extended (Again), PTAB Litigation Blog

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The United States Patent and Trademark Office (USPTO) has again extended the Motion to Amend (MTA) Pilot Program at the Patent Trial and Appeal Board (PTAB).

The MTA Pilot Program provides a patent owner who files a motion to amend in a trial proceeding under the America Invents Act (AIA) with two options not previously available: (1) a patent owner may choose to receive preliminary guidance from the PTAB on its MTA; and (2) a patent owner may choose to file a revised MTA after receiving a petitioner’s opposition to the original MTA and/or the PTAB’s preliminary guidance (if requested).  If a patent owner does not elect either option, then AIA trial practice, including MTA practice, is essentially unchanged from the practice prior to the implementation of the MTA Pilot Program.

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