Examination of Rejection Types in CBM Petitions
In May, Rowan began a series of newsletters looking at Covered Business Method (CBM) petitions. We started with an examination of 112 arguments in these petitions, and whether any claims were ultimately canceled due to a 112 error.
This month, we expand our look to other arguments – comparing 101, 102 and 103 in addition to 112.
We expected to, and did see 101 as the most frequent argument type, as a CBM petition was the only post-grant review option that allowed for 101 invalidity arguments other than Post Grant Reviews.
As with the previous month, we analyzed 385 total petitions. Of those, 166 reached a final decision, so we started there. We looked for each argument and found that while smaller in absolute numbers, 112 arguments were still a significant factor.