CAFC tackles CBM issues in Trading Technologies

The CAFC noted:Pursuant to § 18(a)(1)(E) of the AIA, the Board mayonly institute CBM review for a patent that is a CBM patent. A CBM patent is “a patent that claims a method orcorresponding apparatus for performing data processing orother operations used in the practice, administration, ormanagement of a financial product or service, except thatthe term does not include patents for technological inventions.” Id. § 18(d)(1) (emphasis added). Pursuant to its authority under § 18(d)(2), the Patent and Trademark Office(“PTO”) promulgated 37 C.F.R. § 42.301(b), which requiresthe Board to consider the following on a case-by-case basisin determining whether a patent is for a technological invention: “whether the claimed subject matter as a wholerecites a technological feature that is novel and unobviousover the prior art” and whether it “solves a technical problem using a technical solution.” We review the…

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