JUST THE STATS:
IPR: REQUESTS TO AMEND THE CLAIMS

Key Finding: A common complaint of patent owners has been that the PTAB has granted motions to amend claims sparingly. More recently, the news has been better for patent owners. Our 2017 analysis showed a success rate of 6.1%, which rose to 8.8% with the addition of the 2018 data, and rose again to 10.5% with the addition of the 2019 and 2020 data. Notably in 2019 and 2020, there was a significant increase in the overall number of motions to amend filed, from 48 in 2018 to 77 in 2019, and 47 in the first half of 2020. It will be interesting to see how the numbers change in 2020 as patent owners take advantage of the new pilot program (initiated in March 2019) that provides preliminary guidance from the Board on motions to amend. Download Venable Fitzpatrick's PGHQ June 2020 Reporter here.