Increasing Importance of AIA 18(d)(1) on CBM Institution Decisions

CBM review is available only to a party charged with infringement of a CBM patent. Under AIA § 18(d)(1), a patent qualifies as a CBM patent if it contains at least one claim directed to a financial product or service that is not technological. In 2013 and early 2014, no CBM petitions were denied institution for failure to satisfy AIA § 18(d)(1). But that is changing. In recent months, more than 20% of the CBM petitions were denied institution for failure to satisfy AIA § 18(d)(1). Click here to view a statistical analysis of the increasing importance of AIA § 18(d)(1) in CBM institution decisions.