"the result is a beneficial reduction of the risk
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Posted On: 11/18/2018 10:55:32 AM
"the result is a beneficial reduction of the risk of hacking."
In short, claim 1 of the ’941 patent is directed to a solution to a computer-functionality problem: an improvement in computer functionality that has “the specificity required to transform a claim from one claiming only a result to one claiming a way of achieving it.”
It therefore passes muster under Alice step one, as it is not directed to patent-ineligible subject matter. We need not and do not apply step two of the Alice analysis.
We do note, in accord with our recognition of overlaps between some step one and step two considerations, that our conclusion that the specific improvement in this case passes
muster at step one is indirectly reinforced by some of our holdings under step two.
(page 11)
In the present case, in contrast, the record described above
shows that the claimed invention moves a software-verification structure to a BIOS location not previously used for this computer security purpose and alters how the function
is performed… yielding a tangible technological benefit (by making the claimed system less susceptible to hacking).
(page 13)
Similar function to OOBA…
This ruling strengthens our position IMO.
Thank you for posting this zpaul!
In short, claim 1 of the ’941 patent is directed to a solution to a computer-functionality problem: an improvement in computer functionality that has “the specificity required to transform a claim from one claiming only a result to one claiming a way of achieving it.”
It therefore passes muster under Alice step one, as it is not directed to patent-ineligible subject matter. We need not and do not apply step two of the Alice analysis.
We do note, in accord with our recognition of overlaps between some step one and step two considerations, that our conclusion that the specific improvement in this case passes
muster at step one is indirectly reinforced by some of our holdings under step two.
(page 11)
In the present case, in contrast, the record described above
shows that the claimed invention moves a software-verification structure to a BIOS location not previously used for this computer security purpose and alters how the function
is performed… yielding a tangible technological benefit (by making the claimed system less susceptible to hacking).
(page 13)
Similar function to OOBA…
This ruling strengthens our position IMO.
Thank you for posting this zpaul!
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