A covered business method review is an adversarial procedure created by the AIA for challenging patents, similar to an IPR. Like an IPR, the parties argue before an Administrative Patent Judge, not a patent examiner and the challenger must show a reasonable likelihood of successfully invalidating one claim before the PTAB will agree to grant a petition for review. Unlike an IPR, a CBM can challenge a patent not just as invalid due to prior art, but also as invalid because it’s an abstract idea or because it fails to adequately define or describe the invention under 35 U.S.C. § 112. A CBM can only be filed against financial product/service patents that do not include a technical invention, while an IPR can be filed against any patent.
More Posts
Congress Wants to Revive Patents but May Strangle Innovation and Damage Health Care Access Instead
This post, written by Wayne Brough, initially appeared in the R Street’s Real Solutions Blog.
Patent eligibility, or the fundamental question of what is patentable, is currently under congression...
CCIA Senior Counsel Joshua Landau Testifies To Congress
In case you missed it, I testified to the House Judiciary Committee's IP Subcommittee last week about whether the output of AIs should receive patent and/or copyright protection. The hearing is avail...
Tackling Patent Trolls In Foxboro
A new lawsuit in Massachusetts proves that even NFL teams are not safe from baseless accusations from patent trolls. While the New England Patriots are usually concerned with defending their home turf...