Tag Archives: substitute claims

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