Improved Method For Overcoming Hacking By Turning On And Off Authentication Held Patent Eligible

In CosmoKey Solutions GMBH & Co. KG v. Duo Security LLC,¹ the Federal Circuit held that an improved method for overcoming computer hacking by turning on and off the authentication process was patent eligible. The court held that the claims recited an improved method for preventing hacking by activating a normally disabled authentication function only for a specific transaction, communicating the activation within a specific time period, and then deactivating the authentication function.

Judge Jimmie V. Reyna concurred, arguing that the majority failed to determine whether the invention was abstract under the first step of the patent eligibility test, but agreeing with the majority that the claims were not abstract because they were directed to a specific improvement to authentication that increased security and prevented unauthorized access by a third party.