Can You Patent the Blockchain? That Depends.
A look at issued blockchain patents reveals that how something is inventive can matter as much as whether it is inventive in the first place.
July 30, 2018 at 08:00 AM
2 minute read
how
- An instance of a blockchain in some computers' storage
- A protocol that includes a blockchain
- A distributed ledger embodied in blockchains
- A cryptocurrency (e.g., Bitcoin) built on such a blockchain
- Inventions that improve computing or related technologies are generally patent-eligible.
- Conversely, merely computerizing an existing business practice is generally unpatentable.
- Inventions that are novel mostly in their handling of human relationships, including financial or legal obligations, are also generally unpatentable.
- Automating earlier practices may be patentable when the inventiveness lies in solving a problem that arises because of automation.
- Patentability can arise from using known, conventional systems in unconventional ways.
may Jon Gordon is a partner in the New York office of Haug Partners LLP. Clients rely on his extensive experience in patent law, with particular expertise in prosecuting patents related to computers, networks, telecommunications, medical information systems, and financial applications. Those clients include major, well-known U.S. and foreign corporations and also entrepreneurs and individual inventors. Engineers and developers work directly with Jon to identify the essence of their inventions and to ensure that the resulting patent application accurately describes and fully protects their work.
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