As of March 2022, patent owner success rates during the motion to amend (MTA) pilot program have dropped to 25%, and MTA filings have actually decreased each year during the course of the pilot program.”
The U.S. Patent and Trademark Office (USPTO) today published a request for comments (RFC) in the Federal Register seeking public input on the pilot program for motion to amend (MTA) practice before the Patent Trial and Appeal Board (PTAB). The Office is considering whether to make the MTA pilot program permanent for patent validity trials under the America Invents Act (AIA) and seeks input on the PTAB’s authority to raise grounds sua sponte during the MTA process. The deadline for public comments in response to this RFC is currently set for July 24, 2023. Read more