The TPCBM is a trial proceeding conducted at the Board to review the patentability of one or more claims in a covered business method patent. The CBM proceedings employ the standards and procedures of a post grant review, with certain exceptions. For example, for first to invent patents only a subset of prior art is available to support the petition. Further, a person may not file a petition for the TPCBM proceeding unless the person or the person’s real party in interest or privy has been sued for infringement of the patent or charged with infringement under the patent. The procedure for conducting the TPCBM review took effect on September 16, 2012. The program will sunset for new TPCBM petitions on September 16, 2020.
Cardinal can help you with any of the following in preparing the request for the CBM:
- Monitor your competition and identify competitor patents as they issue
- Invalidity Search and Analysis on issued claims, identify most relevant art and provide the pertinency and manner of applying the cited prior art to every claim for which the review is requested
- In compliance with Regulatory and Statutory Requirements, assist in preparing CBM documents including:
- Statement pointing out each substantial new question of patentability based on prior art and identification of every claim for which reexamination is requested, and a detailed explanation of the pertinency and manner of applying the cited prior art to every claim for which reexamination is requested.
- Document list identifying the publications being submitted
- Legible copy of each identified documents (excluding U.S. patents/publications)
- English language translations for foreign language references
- Assist in CBM Submissions or Third-Party CBM Submissions