Examination of 112 Rejections in PGR Petitions
For the last three articles, Rowan has been examining Covered Business Method (CBM) petitions, and the 112 arguments considered in them. As the CBM program was transitional in nature, and ended in September of 2020, we now move to the Post Grant Review (PGR) process and examine recent petitions that utilized this method.
Because Inter Partes Reviews (IPRs) are limited in their ability to challenge a patent based on 101 and 112 arguments, we wondered if PGRs have risen as a method of challenging a patent based on 112 arguments.
We analyzed 84 PGR petitions filed between 2020 and 2022 that reached some conclusion. Of those, 32 reached a final decision.
10 petitions, i.e. 31%, of the petitions that reached a final decision had at least one claim canceled due to a 112 argument.