COVERED BUSINESS METHOD REVIEW PROCEEDINGS

What Is A Covered Business Method? 

Covered Business Method (CBM) patents are methods, apparatuses, or operations used in the practice, administration or management of a financial product or service. CBM patents exclude “technological inventions,” which claim a novel and non-obvious technological feature that solves a technical problem using a technical solution. 

What Is A Covered Business Method Patent Review? 

A Covered Business Method review is an administrative proceeding conducted by the Patent Trial and Appeal Board (PTAB) at the U.S. Patent and Trademark Office to review and determine the validity of an issued patent. A CBM review is most similar to a post-grant review, with the following notable exceptions. For example, a CBM review can be filed only when a post-grant review is unavailable (e.g., nine months after issuance). And the prior art available for CBM review of a patent granted under the first-to-invent rules (i.e., patents filed prior to March 16, 2013) is limited to that defined in section 18(a)(1)(C) of America Invents Act. A comparison of the post grant review process and the covered business method review process can be found in the  comparison chart below.

Who May File For A Covered Business Method Patent Review? 

A petitioner may file with the USPTO a petition to institute a covered business method patent review of a patent if the petitioner or the petitioner's real party-in-interest has been sued for infringement of the patent or has been charged with infringement under patent law. A petitioner must meet the exact standing requirements as if that petitioner were to file a declaratory judgment in Federal Court.  It is important to note that a petitioner may not file for a CBM review if; i) petitioner, or the petitioner's real party-in-interest, has already filed a civil action challenging the validity of a patent claim; or ii)  petitioner, the petitioner's real party-in-interest, or a privy of the petitioner is estopped from challenging the claims on the grounds identified in the petition. Our patent lawyers advise clients on covered business method patent review, inter partes reviews, and post grant reviews. We handle all types of intellectual property disputes. 

Dallas Covered Business Method Review Lawyers

Our Dallas Covered Business Method attorneys have earned a reputation for aggressive, responsive, efficient, and most importantly, successful litigation. While we are prepared to take every case to trial, we know from our clients' perspective that often, the best litigation is the one that settles in mediation. Our straight forward unbiased guidance can help you avoid litigation whenever possible. However, if needed, our litigators are skilled in negotiation techniques and have a reputation for achieving very favorable results for our clients both in-court and out-of-court. Our IP lawyers can prepare and file covered business method petitions, given our extensive IP skills and experience.