Petition for Covered Business Method Patent Review | Practical Law

Petition for Covered Business Method Patent Review | Practical Law

A Standard Document petition for covered business method (CBM) patent review under the Leahy-Smith America Invents Act (AIA) that counsel may use to challenge a patent at the Patent Trial and Appeal Board (PTAB). This Standard Document includes optional language the petitioner's counsel may use as a starting point regarding the challenged patent, the petitioner's mandatory notices and grounds for standing, including an explanation of the challenged patent's covered business method status, proposed claim constructions, and specific grounds for patentability challenges. This Standard Document has integrated drafting notes with important explanations and drafting tips.

Petition for Covered Business Method Patent Review

Practical Law Standard Document w-005-2280 (Approx. 34 pages)

Petition for Covered Business Method Patent Review

by Practical Law Intellectual Property & Technology
MaintainedUSA (National/Federal)
A Standard Document petition for covered business method (CBM) patent review under the Leahy-Smith America Invents Act (AIA) that counsel may use to challenge a patent at the Patent Trial and Appeal Board (PTAB). This Standard Document includes optional language the petitioner's counsel may use as a starting point regarding the challenged patent, the petitioner's mandatory notices and grounds for standing, including an explanation of the challenged patent's covered business method status, proposed claim constructions, and specific grounds for patentability challenges. This Standard Document has integrated drafting notes with important explanations and drafting tips.
A party may not petition for CBM review after September 15, 2020 under the AIA's CBM sunsetting provision. The PTAB will review petitions filed before that date and continue existing CBM proceedings. (37 C.F.R. § 42.300(d).) For more on other post-issuance patent challenges at the PTAB, see PTAB Proceedings Toolkit.