America Invents Act Covered Business Method Patents

The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant... more +
The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant changes to the patent system, including changing from a first-to-invent scheme to a first-to-file scheme, eliminating interference proceedings and developing post-grant opposition.  less -
News & Analysis as of

Top Stories of 2016: #11 to #15

After reflecting upon the events of the past twelve months, Patent Docs presents its tenth annual list of top patent stories. For 2016, we identified twenty stories that were covered on Patent Docs last year that we believe...more

PTAB’s Working Definition for CBM Jurisdiction Deemed Too Broad

Addressing the standard for initiating a covered business method (CBM) review, the US Court of Appeals for the Federal Circuit vacated a Patent Trial and Appeal Board (PTAB or Board) decision invalidating a patent, and in the...more

Kayak Software Corp. v. International Business Machines Corp. (PTAB 2016) - PTAB Follows Strict Application of CBM Statute...

Petitioners, KAYAK Software Corp., OpenTable, Inc., Priceline.com LLC, and The Priceline Group Inc. filed a Petition requesting a covered business method (CBM) patent review of claims 1–9 and 12–17 of U.S. Patent No....more

iVenture Card Traveler Ltd v. Smart Destinations, Inc. (PTAB 2016)

Patent Directed to Programmable Ticketing System Determined to be Eligible for Covered Business Method Patent Review - Petitioner, iVenture Card Traveler Ltd, filed a Petition seeking to institute a covered business...more

Boundaries of America Invents Act review procedures still being defined

With the America Invents Act (AIA), the Patent and Trademark Office (PTO) was tasked with creating a new administrative process for challenging certain business method patents. But nearly five years since the AIA, the...more

Federal Circuit Firmly Rejects PTAB Criteria For Covered Business Method Review - Brooks Kushman Post-Grant

In a recent panel decision that deviates from the Federal Circuit’s current tendency to defer to the U.S. Patent and Trademark Office’s interpretation of the Leahy-Smith America Invents Act, the court vacated a final written...more

A Patent Does Not Become a CBM Patent Because its Practice Could Involve a Potential Sale of a Product or Service

In Unwired Planet, LLC, v. Google, Inc., [2015-1812] (November 21, 2016) the Federal Circuit vacated and remanded the PTAB’s final written decision in Covered Business Method Patent Review No. 2014-00006, that found the...more

Federal Circuit Reins in PTAB’s Use of CBM Reviews

In Unwired Planet, LLC v. Google Inc., Case No. 2015-1812 (Fed. Cir. November 21, 2016), the Federal Circuit rejected the PTAB’s broad application of CBM reviews to claims that are merely “incidental” or “complementary” to...more

How Much Did the Federal Circuit Narrow Eligibility for Covered Business Method Review?

Earlier this week, the Federal Circuit narrowed the types of patents eligible for covered business method (CBM) review. In Unwired Planet, LLC v. Google Inc., Case No. 15-1812, (Fed. Cir. Nov. 21, 2016) (“Unwired Planet”),...more

PTAB’s Definition of CBM Patent is Wrong and Too Broad, Federal Circuit Says

The America Invents Act (“AIA”) mandates that a Covered Business Method Review is available only for challenging the validity of covered business method patents. On November 21, 2016, the Federal Circuit ruled in Unwired...more

For First Time, Federal Circuit Reverses PTAB’s Finding That a Patent Is Eligible for “Covered Business Method” Review

On November 21, the Federal Circuit held that the Patent Trial and Appeal Board (PTAB) has been applying too broad a view of its own jurisdiction in conducting “covered business method” (CBM) reviews of patents pursuant to...more

Unwired Planet, LLC v. Google Inc. (Fed. Cir. 2016)

Federal Circuit Narrows USPTO's Definition of "Covered Business Method" - The America Invents Act (AIA) defines a covered business method (CBM) patent as "a patent that claims a method or corresponding apparatus for...more

For CBMs, the Name of the Game is a Financially Limited Claim

In two recently denied petitions for covered business method (CBM) review, the Patent Trial and Appeal Board (PTAB or Board) provided further guidance on what claimed subject matter is eligible for CBM review. BMC Software,...more

Can You Appeal the PTAB’s Decision to Institute Review of Patent Claims on Grounds Not Raised in an IPR, PGR, or CBM Petition?

The America Invents Act provided several procedures for challenging the validity of patent claims, including inter partes review (“IPR”), post-grant review (“PGR”) and covered business method patent challenges (“CBM”). An...more

Incomplete Preemption Does Not Result in Patent-Eligible Subject Matter

In a final written decision of a covered business method (CBM) patent review, the Patent Trial and Appeal Board (PTAB or Board) found the challenged claims unpatentable on multiple grounds and clarified that, for the purpose...more

A GUI Situation for CBM

Addressing the issue of subject matter eligibility for covered business method (CBM) patent jurisdiction under § 18(d)(1) of the America Invents Act (AIA), the Patent Trial and Appeal Board (PTAB or Board) instituted CBM...more

Post-Grant Review May Be Used to Invalidate Patents Directed to Patent-Ineligible Subject Matter

Addressing patent-eligible subject matter issues, the Patent Trial and Appeal Board (PTAB or Board) issued a final written decision in a post-grant review (PGR) finding all claims of a newly issued patent unpatentable under...more

CBM Review Denied for Technological Invention Directed to Financial Product **WEB ONLY**

The Patent Trial and Appeal Board (PTAB or Board) may deny covered business method (CBM) review if the challenged patent is for a technological invention, even if it is directed at a financial product or service. Sally Beauty...more

Perspective: The Accenture Blockchain Patent

Blockchain innovators need to understand that they are working in an early-stage, evolving IP landscape where the potential risks are still very difficult to evaluate....more

Korea Quarterly - August 2016

Controlling Costs in International Arbitration - Arbitration is an efficient means for resolving business disputes because it offers more flexibility than court proceedings and enables the parties to choose arbitrators...more

PTAB Issues Only Its Third Post-Grant Review Decision to Date, Invalidates Storage Container Tracking Claims Directed to...

On August 2, 2016, the Patent Trial and Appeal Board (PTAB), in proceeding PGR2015-00009, invalidated a patent for storage container tracking and delivery as being directed to patent-ineligible subject matter under 35 U.S.C....more

Qualtrics, LLC v. OpinionLab, Inc. (PTAB 2016)

Focusing on the Claims, the PTAB Denies CBM Review of a Market Research Patent - On April 13, 2016, the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) issued a decision denying institution...more

"After Period of High Invalidation Rates, New US Patent Challenge Procedures May Slow Down to Moderate Pace"

When the U.S. Patent and Trademark Office's (USPTO) Patent Trial and Appeal Board (PTAB) began hearing post-issuance patent challenge proceedings under the America Invents Act in September 2012, the PTAB became one of the...more

The USPTO Amends AIA Trial Rules: 4 Changes That You Need To Know

On April 1, 2016, the U.S. Patent and Trademark Office (USPTO) issued amended final rules that govern trials under the America Invents Act (AIA), including inter partes review, post-grant review, covered business method...more

MBHB Snippets: Review of Developments in Intellectual Property Law: Winter 2016 Vol. 14, Issue 1

Patentable Subject Matter after Alice: Best Practices for Responding to 35 U.S.C. § 101 Rejections - It has been over 20 months since the Supreme Court handed down the landmark decision in Alice Corp. v. CLS Bank Int’l,...more

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