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ARTICLE · 01 SEPTEMBER 2015

Defining The Covered Business Method Patent

Jones Day
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The bright-line rule as to which patents qualify for CBM reviews has eluded practitioners to date. But input into that definition has come from a variety of sources.

United StatesIntellectual Property
David Cochran
David Cochran
Matthew Johnson
Matthew Johnson
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In the America Invents Act ("AIA"), Congress granted the Patent Trial and Appeal Board ("PTAB," "the Board") heightened jurisdiction to hear challenges to patents related to performing data processing or other operations used in the practice, administration, or management of a financial product or service.1 Patents that fall within the definition of a "covered business method" can be subjected to challenges in a Covered Business Method ("CBM") post-grant review proceeding beyond those available for other non-covered patents. 2 The prospect of additional challenge grounds and expanded time period availability makes CBM proceedings an attractive option when available, but the precise scope regarding which patents are eligible for CBM review has remained fuzzy thus far.

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