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

Abigail Wise shares her unusual pathway into the profession, from failing A-levels to becoming Lewis Silkin’s first female IP partner
There are some impressive AI tools available for trademark lawyers, but law firm leaders say humans can still outthink the bots
Lawyers at Simmons & Simmons look ahead to a UK Supreme Court hearing in which the court will consider whether English courts can determine FRAND terms when the licence is offered by an intermediary rather than an SEP owner
Firm says appointment of Jeremy Drew from RPC will help create ‘unrivalled IP powerhouse’, as it looks to shore up IP offering ahead of merger
Law firms are expanding their ITC practices to account for the venue’s growing popularity, and some are seeing an opportunity to collaborate with M&A teams
Erise IP has added a seven-practitioner trademark team from Hovey Williams, signalling its intention to help clients at all stages of development
News of prison sentences for ex-Samsung executives for trade secrets violation and an opposition filed by Taylor Swift were also among the top talking points
A multijurisdictional claim filed by InterDigital and a new spin-off firm in Germany were also among the top talking points
Duarte Lima, MD of Spruson & Ferguson’s Asia practice, says practitioners must adapt to process changes within IP systems, as well as be mindful of the implications of tech on their practices
Practitioners say the UK Supreme Court’s decision could boost the attractiveness of the UK for AI companies
Gift this article