JUST THE STATS:
CBM: SURVIVAL RATE OF CHALLENGED CLAIMS

Key Finding: As compared to IPR proceedings, CBM proceedings allowed for additional statutory grounds of unpatentability and relate only to qualifying business method patents (which opened the door to Section 101 challenges). The availability of Section 101 challenges largely accounted for the higher rate of unpatentability as compared to IPRs. We did not include cases denied institution for failure to identify a qualifying business method claim, which is the reason for the vast majority of denials of institution. The CBM program expired in September of this year. Download Venable Fitzpatrick's PGHQ June 2020 Reporter here.