November 4, 2021

The Motion to Amend (“MTA”) pilot program, which started in March 2019, has been extended to September 16, 2022.  86 Fed. Reg. 51656 (Sept. 16, 2021).  Under the program, patent owners involved in PTAB trials can elect to (1) receive preliminary guidance from the PTAB on its MTA and/or (2) file a revised MTA after receiving the petitioner’s opposition to the initial motion and/or after receiving requested preliminary guidance from the PTAB. Id.  If the patent owner does not avail itself of any of these options, then the PTAB trial, including MTA practice, generally proceeds as it would prior to the pilot program. Id.