
Himanshu S. Amin
Managing Partner
Cleveland
BS Electrical Engineering · USPTO reg.

Cybersecurity
Verifying who someone is, deciding what they may reach and screening what they send have each been held to be abstract ideas, so a security claim that recites its goal and a computer pursuing it is exposed from the day it is filed. What survives is the mechanism — the exchange, the stored credential, the signal a detector reads that an attacker cannot cheaply forge — described in the specification in enough detail to carry the claim, together with the attack it defeats.
The work covers network security and the protection of computers and data: access control and authorization policy, including role- and attribute-based models and zero-trust architectures; authentication, including biometric and multi-factor schemes; trust and risk scoring; and intrusion, malware and threat detection, along with deception techniques that mislead or hide from an attacker. It extends to the security of storage — encryption inside distributed storage, malware scanning of network-attached storage, and the protection of data as it is replicated and migrated between sites and clouds — and to wireless security, where devices are onboarded and provisioned onto local and cellular networks and their identities verified. Beneath all of it sit cryptographic mechanisms, signed firmware and software updates, privacy-preserving computation, and digital rights management.
The boundary with Software & Computing runs close: the networks, storage systems and cloud platforms being protected are Software & Computing matters, and a security feature often earns its eligibility from the system it changes, so the two are frequently claimed together. Post-quantum cryptography is handled in Quantum Computing. Where a model does the detecting, the model belongs to AI & Machine Learning and its use against a threat belongs here, and the security of industrial control systems and of vehicles is handled here, with the systems themselves in Industrial Automation and Autonomous Vehicles.
The Federal Circuit has held that controlling access to resources, verifying a person's identity and filtering content by its characteristics are abstract ideas, and a claim that recites one of those goals carried out by generic computer components is ineligible. The same court has upheld claims to a behavior-based technique for identifying malicious code, and to storing a verification record in a particular region of memory because it is harder to tamper with there. The subject matter was security in every case; the difference was whether the claim recited how the protection is achieved or only that it is.
Trust scores and risk assessments are especially exposed, because a claim that gathers signals, computes a score and reports it follows the collect, analyze and display pattern the court has rejected repeatedly. The specification has to present the signals as technical ones — what a device, a connection or a storage system actually exhibits — and tie the score to something the system then does differently: refusing a session, quarantining a file, re-provisioning a device, isolating a node. Security is a property of the machine, and an improvement to it can be an improvement to the computer itself, but only when the claim reaches the machine.
Security inventions are usually built from parts that are individually old: hashing, signatures, key exchange, challenge and response, a second factor. An examiner who finds each part in a different reference needs little more than a reason to combine them, and "to improve security" is offered as that reason so routinely that it can appear to justify adding any safeguard to any system. What is new is the arrangement — what is bound to what, which party holds which key, the order in which the steps run — and the attack that arrangement closes.
That argument is strongest when it is in the specification before it is needed. An application that names the attack the earlier arrangement was open to — a replayed credential, a cloned device identity, a replication target that cannot be trusted with plaintext — and explains why the obvious safeguard does not stop it gives the response to an obviousness rejection something in the record to cite. One that describes only the arrangement leaves the reason it works to attorney argument, which is not evidence, or to a declaration assembled after the fact, whether before the examiner or years later before the Patent Trial and Appeal Board.
Evidence
Team

Managing Partner
Cleveland
BS Electrical Engineering · USPTO reg.

Managing Partner
Seattle
BS Electrical Engineering · USPTO reg.

Partner
Ft. Lauderdale
BS Molecular and Micro Biology · USPTO reg.

Partner
Atlanta
BS Electrical Engineering · USPTO reg.

Associate
Atlanta

Associate
Cleveland
BS Biomedical Engineering · USPTO reg.

Associate
Cleveland
BS Industrial & Systems Engineering · USPTO reg.

Patent Agent
Ft. Lauderdale
BS Computer Software/Hardware Engineering · USPTO reg.

Patent Agent
New York
BS Mathematics and Computer Science

Patent Agent
Columbus
BS Electrical Engineering · USPTO reg.