The Federal Circuit Provides Insights on CBM Eligibility: What Constitutes a "Technological Invention?"

In two separate decisions involving the same parties, the Federal Circuit affirmed the PTAB’s determination that claims challenged in a CBM proceeding are eligible for CBM review and are unpatentable under 35 U.S.C. § 101. A patent is eligible for CBM review if it “claims a method or corresponding apparatus for performing data processing or other operations used in the practice, administration, or management of a ﬁnancial product or service, except that the term does not include patents for technological inventions." In its opinions, the Court elaborated on the “technological invention” exception to CBM review.

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