JUST THE STATS:
CBM: SURVIVAL RATE OF INSTITUTED CLAIMS

Key Finding: 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. Download Venable Fitzpatrick's PGHQ June 2020 Reporter here.