Covered Business Methods
Under the America Invents Act (AIA), a covered business method (CBM) is a type of patent issued based upon a claim of a proprietary apparatus or method used for an operation relating to the “practice, administration or management of a financial protect or service.” U.S. Patent and Trademark Office (USPTO) guidance issued and federal court decisions rendered subsequent to the enactment of the AIA have indicated that CBM patents are not available only to prospective applicants in the financial services industry, but to applicants in other industries as well.
In the years since the AIA’s enactment, there has been a substantial amount of litigation surrounding CBM patents, and several important questions still remain unanswered. For companies seeking to register these patents – and for those seeking to challenge the validity of CBM patents issued by the USPTO – this makes hiring experienced patent counsel extremely important. At Greenblum & Bernstein, P.L.C., we have extensive experience in registration, transactional and litigation matters involving covered business methods, and we have helped companies throughout the United States successfully protect and challenge CBMs.
CBM Litigation and Proceedings Before the USPTO Patent Trial and Appeal Board (PTAB)
The AIA includes a sunset provision for its “transitional” covered business method program. As a result, as of late 2020, the USPTO will no longer be accepting CBM review petitions (unless Congress extends or renews the program). However, litigation involving CBM patents will continue, and post-grant review (PGR) and inter partes review (IPR) proceedings can be used to challenge the validity of CBM patents as well.
Our patent lawyers represent clients on both sides of litigation and PTAB proceedings involving covered business methods. In CBM disputes, our attorneys rely on extensive first-hand experience to help our clients make informed decisions and strategically pursue favorable outcomes. Our patent litigation practice is nationwide in scope, and we have represented numerous domestic and foreign companies in CBM, PGR and IPR proceedings before the PTAB.
The grounds for challenging a CBM patent vary depending on the type of proceeding that is instituted, and the potential remedies vary in civil litigation and PTAB proceedings. If you are seeking to challenge a covered business method patent, our patent attorneys can help you choose the right path forward. If a third party is seeking to challenge the validity of one of your company’s CBM patents, we can defend your company’s exclusive rights regardless of where the challenge is filed.
Business Method Patent Protection, Licensing and Counseling
In addition to representing clients in disputes and challenges involving covered business methods, we represent clients with regard to the protection and licensing of business method patents as well. We also provide general counseling services for companies seeking to get the most out of their proprietary business methods.
Speak with a Patent Lawyer at Greenblum & Bernstein
Do you have a question about CBM? If so, we can help. To speak with a patent lawyer at Greenblum & Bernstein about your company’s proprietary business method or filing a challenge to a CBM patent, call 703-716-1191 or contact us online today.