Tag Archives: Aqua Products

PTAB Can Consider § 101 When Reviewing Amended Claims

The Patent Trial and Appeal Board has designated as precedential a decision holding that the Board may consider § 101 when evaluating the patentability of a patent owner’s proposed substitute claims in a motion to amend. The decision clarifies the impact of the Federal Circuit’s Aqua Products decision on the issue of subject matter eligibility of substitute claims. Continue reading PTAB Can Consider § 101 When Reviewing Amended Claims

Federal Circuit to Review PTAB’s Amendment Practice

Earlier this month the Federal Circuit granted en banc review of the PTAB’s process for reviewing Motions to Amend Claims in AIA proceedings. In the case In re Aqua Products, the patent owner argues that it met the statutory requirements for making a claim amendment but the PTAB failed to enter the amendment based on a erroneous interpretation of the statute which results in additional, onerous requirements being levied on a patent owner. Continue reading Federal Circuit to Review PTAB’s Amendment Practice