The USPTO CBM process explained

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

The USPTO CBM process explained

flowdiagramcbm-45.jpg

The USPTO Patent Trial and Appeal Board has given its first ruling in the new CBM review procedure. Managing IP explains how the process works

Covered Business Method (CBM) review is a post-grant procedure introduced under the America Invents Act (AIA). It allows alleged infringers to challenge the validity of business method patents “covered” under Section 18 of the AIA through the USPTO’s appeals system, rather than through litigation.

CBM review is only available for patents which relate to “a method or corresponding apparatus for performing data processing or other operations used in the practice, administration, or management of a financial product or service”. Patents concerning “technological inventions” are not eligible for the procedure.

In order to initiate a CBM review, the petitioner must have been sued for infringement of the patent in question.

CBM review is an interim measure which will be available until September 16, 2020. The USPTO will not accept any new petitions for CBM reviews on or after that date.

The chart below outlines the various stages a patent may go through under CBM review.

Opponents of CBM review claim that lobbyists from the financial services industry pressured Congress to include the provision as part of the AIA.

flowdiagramcbm.jpg

See also: analysis of the first CBM review decision in SAP v Versata (Managing IP subscription or free trial required).

more from across site and SHARED ros bottom lb

More from across our site

The firm said major IP developments included advising on a ‘landmark’ deal involving green hydrogen production, as well as two major acquisitions
The appointments follow other recent moves in the European market as firms look to bolster their UPC offerings
Deborah Kirk discusses why IP and technology have become central pillars in transactions and explains why clients need practically minded lawyers
IP STARS, Managing IP’s accreditation title, reveals its latest rankings for patent work, including which firms are moving up
Leaders at US law firms explain what attorneys can learn from AI cases involving Meta and Anthropic, and why the outcomes could guide litigation strategies
Attorneys reveal the trademark and copyright trends they’ve noticed within the first half of 2025
Senior leaders at TE Connectivity and Clarivate explain how they see the future of innovation
A new action filed by Nokia against Asus and a landmark ruling on counterfeits by South Africa’s Supreme Court were also among the top talking points
Counsel explain how they’re navigating patent prosecution matters and highlight key takeaways from Federal Circuit cases
A partner who joined Fenwick alongside two others explains what drew her to the firm and her hopes for growth in Boston
Gift this article