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ARTICLE · 13 OCTOBER 2015

PTAB Expands Definition Of "Covered Business Method"

The PTAB recently held that patent claims need not "particularly target the financial industry" in order to qualify as a "covered business method" under Section 18 of the America Invents Act (AIA).

United StatesIntellectual Property

The PTAB recently held that patent claims need not "particularly target the financial industry" in order to qualify as a "covered business method" under Section 18 of the America Invents Act (AIA). Symphony Health Solutions Corp. v. IMS Health, Inc., Case CBM2015-00085 (Patent 8,473,452 B1) (PTAB Sept. 10, 2015). Rather, it is enough that the "challenged claims recite a system and method used in the practice, administration, or management of financial services and products."

At issue are claims to a system and method that "de-identifies health care records." Essentially, the system takes patient records from a health care database, removes the information in the patient's record that particularly identifies the patient - i.e. "de-identifying" the name, address, SSN, etc., and then uses the de-identified record to generate reports on the market trends and shifts, sales force targeting, and demographic, among other things.

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