JUST THE STATS:
CBM: BREAKDOWN OF UNPATENTABILITY FINDINGS IN FINAL DECISIONS RELATIVE TO CLAIMS INSTITUTED

Key Finding:

This chart presents success rates, on a claim-by-claim basis, for instituted grounds under Sections 101, 102, 103, and 112 in CBM proceedings that reached final written decisions. The high rate of unpatentability under Section 101 can be tied to the requirement for institution in a CBM (a qualifying business method) and effect of the Supreme Court’s decision in Alice. Even for the other instituted grounds, the rates of invalidation were much higher compared to those for challenged claims. Some claims were found unpatentable on multiple bases.