[co-author: Megan McKnelly*]
On December 3, 2020, the Patent Trial and Appeal Board (“PTAB”) released data regarding the usage and success rates of its Motion to Amend (“MTA”) Pilot Program (“Pilot”). All PTAB cases instituted on or after March 15, 2019, are eligible for the Pilot, which provides two new options for MTA filers. The options include: (1) requesting preliminary guidance from the PTAB on a MTA and/or (2) filing a revised MTA after preliminary guidance or the petitioner’s opposition to the original MTA.
The PTAB reported that between June 1, 2019, and September 30, 2020, it received 102 Pilot-eligible MTAs. Of those filed, 76% of MTAs opted to receive preliminary guidance and 79% opted to file revised MTAs under the Pilot. These opt-in rates differ from the previous rates reported by the PTAB for MTAs filed between June 1, 2019, and March 31, 2020, where 83% of MTAs opted to receive preliminary guidance and 58% opted to file revised MTAs.