CBM: When the America Invents Act (AIA) was passed in 2011, it ushered in a number of new post-grant options to challenge and defend patents at the United States Patent and Trademark Oce. One of these newly-created proceedings, Covered Business Method (CBM), is noteworthy for its special eligibility criteria and limitations not present in other post-grant options. In this report, we look at the particular challenges and opportunities posed by this unique proceeding in the time since it was implemented.
"If you build it will they come?"
The results have been mixed. This is perhaps not surprising given some of the eligibility requirements that Congress put in place at the outset. The number of CBMs filed each month fluctuates between 0 and 19, compared with approximately 60 requests for inter partes review filed each month.
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