Motion to Amend Burden Final Rule Published, PTAB Litigation Blog
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The Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”) issued a final rule regarding the allocation of the burden of persuasion for the patentability of substitute claims on motions to amend in trial proceedings before the PTAB, revising the rules of practice for inter partes review (IPR), post-grant review (PGR), and the transitional program for covered business method patents (CBM). 85 FR 82923 (Dec. 21, 2020). The rule became effective as of January 21, 2021 and codifies the current practice following the precedent set forth by the Federal Circuit in Aqua Products, Inc. v. Matal, 872 F.3d 1290 (Fed. Cir. 2017) (en banc).
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