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ARTICLE · 18 SEPTEMBER 2020

New Wave Of Patent Litigation Possible After Covered Business Method Review Program Ends

The transitional Covered Business Method (CBM) review program saw its end on September 16, 2020.

United StatesIntellectual Property

The transitional Covered Business Method (CBM) review program saw its end on September 16, 2020. Under the CBM review program, a party believing that a patent directed to a financial product or service did not cover patentable subject matter (i.e., the invention was directed to a "business method") could petition the Patent Office to institute a review of the patent to determine whether it covers a patentable invention. This review provided a less costly alternative to challenging business method patents than civil litigation.

The transitional CBM review program began as a reaction to the Patent Office issuing a host of patents for business related functions that were of dubious merit. The Patent Office was not adequately equipped to evaluate inventions relating to business methods and did not apply the same rigor as it does for more technologically focused inventions. Eventually, rulings from the Supreme Court limited the subject matter of patentable inventions to

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