This decision relates to an European patent application
for a method for adjusting an aggressiveness level to use in
behavior based heuristics malware
detection. Here are the
practical takeaways from the decision T 2386/16 (MALWARE DETECTION USING FILE PREVALENCE
TO INFORM AGRESSIVENESS OF ... of 27.4.2021 of
Technical Board of Appeal 3.5.01:
Key takeaways
A mere heuristic approach cannot reliably provide a technical
effect.
The invention
The invention concerns behavior based heuristics malware
detection. Instead of using a static approach, the invention
suggests to have varying dynamic measures to be applied to a file
dependent on how likely the file is considered to be infected. The
more likely a file is to contain malware, the stronger will be the
measures. The "aggressiveness level" of the malware
detection is dynamically adjusted based on the "prevalence
rate" of a file such that lower prevalence files are treated
more aggressively than higher