Cybersecurity patents are granted now
Jim Singer, 2018 - is a partner with the law firm of Fox Rothschild LLP, where he focuses on intellectual property acquisition, protection, enforcement and licensing. “Cybersecurity Patent Strategies vs. the Growing Barriers to Software Patents” IP Spotlight, 2/1,
//DH
Despite the challenges that software patent applications currently face, the USPTO continues to grant, and courts continue to uphold, patents for innovations in cybersecurity technologies. To help improve a patent application’s chances of success, both before a court and if challenged, patent applicants should consider some or all of the following:
(1) Technical problem / technical solution: The patent application’s narrative should not focus on the business problem that the invention solves (such as allowing a financial transaction to be completed). Instead, the narrative should focus on the technical problem, as well as the technical solution that the problem solves. Examples of technical solutions include inventions that improve network security, that reduce bandwidth or data storage needs, that improve processing speed, or that help defend against cyberattacks, bots and other malicious systems.