Special Report: Analysis of CBM Standing Decisions
CBM review is available only to a party charged with infringement of a CBM patent. To qualify, the patent must be directed to a financial product or service but not a technological invention. Of the 213 CBM proceedings in which the PTAB addressed these issues, 191 (90%) resulted in a finding that the challenged patent satisfied both requirements. Only 6 (2.8%) resulted in a finding that the challenged patent was directed to a technological invention.
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