Database Security Patent Unpatentable Under 35 U.S.C. § 101

In a final written decision, the Board found claims of a database security patent unpatentable under 35 U.S.C. § 101. "[W]e are persuaded by Petitioner that the claims are directed to the abstract idea of determining whether access to data should be granted based on whether one or more rules are satisfied. We are not persuaded by Patent Owner that the claims are not directed to an abstract idea, because Patent Owner’s argument is based upon elements not required by the claims. Given our construction of 'data portion' and 'database' . . . the claims do not require protection on the data element level based on rules stored in a separate database, where the first database calls out to the second database. Patent Owner’s argument is not commensurate with the scope of the claims."

Petition for Covered Business Method Patent Review by Epicor Software Corporation, CBM2015-00006 (PTAB April 18, 2016, Order) (Petravick, APJ)