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

Key Finding: This chart presents the percentage of claims found unpatentable under Sections 101, 102, 103, and 112 for all claims for which trial was instituted 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 the effect of the Supreme Court’s decision in Alice. Even for the other instituted grounds, the rates of invalidation are much higher compared to that for challenged claims. Some claims were found unpatentable on multiple bases.