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 2026

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

VO, which has offices in the Netherlands, Belgium and Germany, is the second European IP firm to secure external backing this week
The Bardehle Pagenberg attorneys-at-law discuss the firm’s Managing IP EMEA Awards 2026 success, Unified Patent Court litigation strategy, and evolving European patent trends
A patent battle between two legal tech companies and a loss for Elon Musk’s xAI against OpenAI were also among the top talking points
With drug prices a hot topic in the US, courts are seemingly more reluctant to prevent the entry of generics to the market
Academic Eden Sarid joins us during Pride Month to discuss queer expression and IP law, Patagonia v Pattie Gonia, and how queer and AI-generated creations both pose novelty concerns
Patent attorney Michael Henson joins the firm to lead its freshly launched blockchain and digital assets practice
A dispute over mammogram technology, and a development in the case between GSK and Moderna were also among the top talking points in recent weeks
With rankings for Western Europe set to be published on June 25, we sat down with our research lead to find out what practitioners and law firms can expect
Peter O’Sullivan, a professional services executive, says he is looking forward to helping Pearce IP become the leading life sciences firm in Australia and New Zealand
Matteo Di Lernia, advocate at LCA Studio Legale, unpicks the CJEU’s ruling in M.M. Ristorazione v Villa Ramazzini, including its impact on litigation strategies
Gift this article