JUST THE STATS:
CBM: SURVIVAL RATE OF INSTITUTED CLAIMS

Key Finding: This chart shows the survival rate of instituted claims in CBM proceedings that reached a final written decision (as compared to prior charts that show the survival rates relative to claims originally challenged, some of which were not instituted). The high rate of unpatentability stems largely from the requirements for institution of a CBM proceeding. Specifically, institution requires that there be a qualifying business method patent claim, which requirement puts the claim in danger of being found unpatentable in view of Alice. In addition, while the rate of success for Section 112 challenges, pre-institution, hovers around 40%, the post-institution rate jumps to the high 90s.