November 15, 2019

In this article, Jenner & Block Chair Craig C. Martin and Partner Sara Tonnies Horton explain that the 2012 America Invents Act granted the Patent Trial and Appeal Board jurisdiction to consider challenges to covered business method (CBM) patents.  But that provision is set to expire next September unless Congress takes action.  The authors outline how a patent qualifies for CBM review and observe that while the definition may seem narrow, its application has been broad.  They conclude that “if Congress extends the CBM procedure beyond 2020, courts, the PTAB, and practitioners would welcome further definitional clarity as to which patents are eligible for this procedure – and which are not.”