JUST THE STATS:
IPR: DECISIONS ON REQUESTS TO AMEND THE CLAIMS

Key Finding: In IPR proceedings, the PTAB has granted motions to amend claims sparingly. This chart presents the number of times a motion to amend the claims was granted compared to the total number of motions made. The PTAB often denied these motions for failure to comply with the PTAB’s high threshold for entering claim amendments; however, in a few instances, a contingent motion to amend was not granted because the original claims were upheld. This can be contrasted with European Opposition proceedings in which, in 2015, 38% of the cases upheld the patent in amended form. Interestingly, in European practice, claims survived in unamended form in 31% of cases, whereas 43% of the claims challenged in IPR proceedings survived unamended