Following the US Court of Appeals for the Federal Circuit’s Aqua Products decision, which held that patent owners no longer bear the burden of demonstrating the patentability of the proposed claim amendments, many stakeholders anticipated at least a modest—if not substantial—rise in the success rate for motions to amend, as evidenced by the dramatic increase in motion filings.
This article examines the PTAB’s claim amendment practice both before and after Aqua Products, and recommends practices to help navigate the present uncertainty and prepare for change.