How-to-Practice-Patent-Law-After-Alice

Surviving §101 Step 2• More a draftsman’s art now than ever before• Don’t just claim the “calculating” or “determining” and stop(Flook) – claim also the application of the result to solve sometechnological problem (e.g. controlling the opening of therubber mold press in Diehr).• Claim the specific “how” of the invention and explain why thatis an improvement in computer functionality and/or why that“how” makes the computer no longer “generic”• Add dependent claims for increasingly detailed specifics ofthat “how”• Hardware/computer must still be recited (otherwise, just amental process and/or something done by paper and pencil)22