The transitional program for covered business method patents (TPCBM) is a trial proceeding conducted at the Board to review the patentability of one or more claims in a covered business method patent. TPCBM 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 a 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 TPCBM review took effect on September 16, 2012, but only applies to covered business method patents. The program will sunset for new TPCBM petitions on September 16, 2020.
- General Administrative Trial Final Rules (77 Fed. Reg. 48612, August 14, 2012)
- Trial Practice Guide (77 Fed. Reg. 48756, August 14, 2012)
- Inter Partes, Post Grant, and Covered Business Method Review Final Rules (77 Fed. Reg. 48680, August 14, 2012)
- Covered Business Method and Technological Invention Definitions Final Rules (77 Fed. Reg. 48734, August 14, 2012)
- Proposed Rule of Practice for Trials before the PTAB (77 Fed. Reg. 6879, Feb. 9, 2012)
- Proposed Trial Practice Guide (77 Fed. Reg. 6868, Feb. 9, 2012)
- Proposed Rules for the Transitional Program for Covered Business Methods (77 Fed. Reg. 7080, February 10, 2012)
- Proposed Rule for the Technological Invention Definition (77 Fed. Reg. 7095, February 10, 2012)
- 12 Month Implementation Timeline
- Transitional Program for Covered Business Method Patents FAQs
- To search for an CBM, click on the system link for P-TACTS. Additional information is located on the P-TACTS information page.