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

Key Finding: This chart presents the success rates, on a claim-by-claim basis, for challenges under Sections 101, 102, 103, and 112 for all CBM petitions which either reached a final written decision, or were denied institution for substantive reasons, rather than procedural reasons (e.g., time-barred). The analysis included decisions not to institute through 2015, and final decisions through 2016, due to the temporal relationship between these types of decisions. The rate of unpatentability of claims challenged under Section 101 is higher than the corresponding rate under Sections 102, 103, and 112.  Note that some claims were found unpatentable on multiple bases. Claims cancelled by the patent owner and cases denied institution for failing to claim a qualifying business method were excluded from the analysis.