JUST THE STATS:
CBM: UNPATENTABILITY FINDINGS IN FINAL DECISIONS RELATIVE TO CLAIMS CHALLENGED

Key Finding: The rate of unpatentability of claims challenged under Section 101 is higher than the corresponding rate under Sections 102, 103, and 112, and is higher than any success rate achieved in IPR proceedings. Note that some claims were found unpatentable on multiple bases. Claims cancelled by the patent owner and cases denied institution for failing to identify a qualifying business method were excluded from the analysis. Download Venable Fitzpatrick's PGHQ June 2020 Reporter here.