Covered Business Method

CBM review is a subject-matter-limited proceeding that can be used to challenge claims directed to a method or corresponding apparatus for performing data processing or other operations used in the practice, administration, or management of a financial product or service. Patents for “technological inventions” are not eligible for CBM review.

A petitioner may file a CBM petition only if it has been sued for or charged with infringement.

Following the PTAB’s final written decision on the instituted CBM, estoppel provisions prevent the petitioner from raising in another proceeding, grounds that were actually raised in a CBM.

CBMs are available as part of a transitional program that expires in 2020.