Covered Business Method Review

Covered business method review is a trial proceeding conducted at the Patent Trial and Appeal Board to review the patentability of one or more claims in a covered business method patent. A covered business method patent is a patent that claims 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.

Covered business method reviews employ the standards and procedures of a post grant review, with certain exceptions. For example, for first to invent patents only a subset of prior art is available to support the petition, as defined in section 18(a)(1)(C) of the America Invents Act. Further, a person may not file a petition for a covered business method review unless the person or the person’s real party in interest or privy has been sued for infringement of the patent or charged with infringement under the patent.