Knobbe Martens Intellectual Property Law - Covered Business Methods

What is a Covered Business Method? A Covered Business Method (CBM) may include a method or corresponding apparatus for performing data processing or other operation in the practice, administration, or management of a financial product or service. It does not include technological inventions. Covered Business Methods review is a special procedure for challenging such patents before the U.S. Patent and Trademark Office (USPTO). When can a Covered Business Method Review be requested? When you have been sued or charged with infringement of a CBM patent, you may ask for CBM review from the Patent Trial and Appeal Board. This review is available through September 16, 2020, except for those patents issued under the AIA that are eligible for Post-Grant Review (PGR). In general, a petitioner may challenge a CBM patent on the grounds available under a PGR, but additional grounds may also be available, depending on whether the patent was issued under the old patent laws or under the AIA. Once initiated, a Covered Business Method Review will largely employ the same fees and procedures as a PGR.