FedCircuitBlog

Recently we hosted an online symposium in anticipation of last week’s sunset of covered business method review (CBMR), proceedings held by the Patent Trial and Appeal Board to review the patentability of claims included in “covered business method” patents. The Federal Circuit, in turn, reviews the PTAB’s judgments in these proceedings. Six authors across four blog posts presented various analyses of CBMR, including arguments for and against allowing the program to sunset, the history of CBMR, and the significance of Federal Circuit opinions reviewing decisions by the PTAB in these proceedings. Here, we wrap up our online symposium by highlighting each contribution and its central premise, before I provide some brief closing remarks reflecting on what we have read.

Guest Post by Joseph Matal and David McCombs

The Transitional Program for Covered Business Method (“CBM”) Review will come to an end on September 16, 2020, after eight years. In our view, the CBM program’s brief history is a cautionary tale about the costs that are imposed on the system when the Supreme Court delays in rectifying a mistake.