Website Feedback Patent Ineligible for CBM Review

The Board denied institution of covered business method review of a patent directed to soliciting feedback from website users under 35 U.S.C. § 101, because the petition did not establish that the ’805 patent qualified as a “covered business method patent” under § 18(d)(1) of the AIA. "[Petitioner] argues that the claimed invention is directed to a financial product or service because the specification states that the claimed invention may be used in connection with websites that conduct 'commercial transactions.' But . . . the relevant inquiry is on the claims and whether they are directed to a financial product or service. Here, the claims are devoid of any terms that could be reasonably argued as rooted in the financial sector or limited to a monetary transaction. Instead, the claims recite a software capability of general utility that crosses many sectors, commercial and non-commercial alike."

Petition for Covered Business Method Patent Review by Qualtrics, LLC, CBM2016-00003 (PTAB April 13, 2016, Order) (DeFranco, APJ)