The AIA provides that a patent owner may file a motion to amend a patent during the course of an IPR, PGR, or CBM proceeding under 35 U.S.C. §§ 316(d)(1) or 326(d)(1) by cancelling a challenged patent claim or by proposing a reasonable number of substitute claims. On October 21, 2019, the USPTO announced a notice of proposed rulemaking, which provides modifications to the rules for motions to amend. Specifically, the PTAB adds the requirements summarized below to Rule 42.121:
