Role of a Blockchain Patent Attorney
A blockchain patent attorney helps clients to create a strong patent portfolio for blockchain innovations. This strategy is best seen while reading the recently granted blockchain patents. Recently, a patent has been granted to CannVerify LLC, which provides a mobile application as an official anti-counterfeit and product verification system for the Cannabis industry. Operationally, the CannVerify mobile application assigns a unique serial number to each product, thereby protecting brands and consumers by allowing customers to verify the authenticity of a product.
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The recently granted US patent number 11405194 titled Anti-counterfeiting system and method of use, discloses an anti-counterfeiting system to be used by members of the public to verify the provenance of the goods of others. As per the patent claims, the unique method starts when a manufacturer orders new tamper-proof seals to be used on their real-world tangible products, and subsequently, new serials and their corresponding verification codes are generated for the seals by a server, which are then grouped into rolls, and are subsequently added to the entity’s account in the computerized database.
Thereafter, the manufacturer then secures their physical product packages with the tamper-proof seals, then logs into the system via a web portal and enters the range of serials to activate. The manufacturer then assigns product information to some selected serials by either directly entering the data or selecting from pre-saved product information. Subsequently, the manufacturer then activates the selected serial numbers with the assigned product information. The secured packages are then distributed to various channels such as distributors and retail shops. As seen from the claim structure of this patent, the patent claims cover both the unique method as well as an anti-counterfeiting system that embodies the unique method. Accordingly, it can be stated that to create a strong blockchain patent portfolio, it is always advisable to draft the patent claims as combination of hardware and software patent claims.
Benefits of hiring a Blockchain Patent Attorney
Standard technologies such as validation methods, merchant services, transactional protocols, digital wallets, data structures, security, processing, storage, and exchanges, are a few of the standard technologies that have received patent approval already. Since it takes one to three years to secure any patent, and due to the speed at which blockchain is developing currently, patented blockchain tech can be rendered obsolete by the time you receive patent approval. To minimize this risk, inventors should hire a skilled blockchain patent attorney who will ensure the patent application is carefully drafted to get long-term value. While utilizing existing tools and components for blockchain innovation, they should be used in a new and unique way or further improved for securing patent approval.
Future of Blockchain Patents
Blockchain innovators are expecting that patent issues related to such tech will evolve with time and will become important for a wide range of domains. Lawmakers should introduce an appropriate balance to support innovators in this area by resolving patent-related issues. Reliability and predictability associated with patenting of blockchain technology will be instrumental in encouraging further innovations in this critical area. Once the patent laws are clear in describing the components of blockchain that can be patented, it will assist in the creation of improved and new blockchain tech eligible for patents. Furthermore, innovators would be able to thrive and research new applications. Also, patent professionals should work to secure blockchain patents for innovative blockchain services.
Can You Copyright Blockchain Technology?
If you are creative, you may be curious as to whether or not you can copyright a blockchain. Copyright law is intricate and country-specific. While it is crucial to preserve your intellectual property, you must also recognise that the mass adoption of many blockchain initiatives is still a ways off. This indicates that copyright protection for these projects is not yet required. Nonetheless, copyright protection for blockchains is essential, particularly when they are used for commercial purposes.
A blockchain operates similarly to a conventional database. Each block has a unique identifier and a single application. The root identification of digital production, such as a document, source code, digital image, or fixed form. Copyright protection is difficult, but blockchain technology provides an ideal alternative. The primary advantage of copyrighting a blockchain is its secure storage and distribution.
While blockchains have the potential to enhance copyright protection for digital information, their widespread adoption will be constrained by scaling costs. The use of blockchains in IP infringement cases is unlikely to alter the nature of intellectual property rights, and the version that is good enough to be pirated will likely remain in circulation for quite some time. However, blockchains may be valuable for people who are not seeking IP protection.
Blockchain technology is already utilised in the financial sector and can also assist creators in protecting their intellectual property. The technology of blockchain generates an immutable record of registration dates, provenance, and contact information. This makes it simple to identify the author of a work and collect the appropriate compensation. And if you are not being compensated for your efforts, blockchain technology could be the solution. There are numerous advantages to copyright protection and utilising blockchain technology for your work.
What is blockchain licensing?
Blockchains are a promising innovation for the future of digital product licensing rights. Essentially, blockchains generate a system of self-enforcing contracts that can be used to ensure fair use. This permits licensees to protect their intellectual property rights, even if technically they are not permitted to do so. But how is this possible? Continue reading to learn more.
A blockchain is a decentralised system for maintaining a distributed digital ledger composed of cryptographically linked blocks. Each block includes a distinct combination of transaction data, timestamp, and a cryptographic hash of the preceding block. Although blockchain is a relatively new technology, it is a collection of existing technologies applied in a novel manner. Financial services and supply chain industries are developing applications based on blockchain technology.
A blockchain-derived content identifier may be used to replace copyright identifiers such as ISBN, DOI, and ISRC. Additionally, blockchains can be used to record copyright terminations and transfers to a new agent. Despite the numerous benefits of blockchain technology, its use in solving real-world issues remains debatable. However, the issue of cost-at-scale may make it impractical for widespread use.
Which Innovations Are Eligible For Patent Protection?
A simple question may appear self-evident, but patent offices in various countries adhere to a stringent set of standards. In addition to being useful, an invention must also be novel. Patents cannot be granted for anything that is already common knowledge. In determining whether an invention is new and useful, the patent courts also consider the breadth of existing knowledge and technology, the difference between the claimed invention and common knowledge, and other objective evidence.
An invention for a new product, idea, or process can be a novel solution to a problem. It can also be a creative work that expresses a novel concept. For example, a new way to bake potatoes could be an excellent way to save money on an existing recipe. You must submit a patent application to protect your new recipe. Before filing, be sure to search the database of the Patent and Trademark Office of the desired country. If it is not in the database, it probably does not exist.
However, not all inventions can be patented. Different countries’ patent laws distinguish between “statutory” and “non-statutory” inventions. Books and music are included in these categories. Neither natural laws nor abstract concepts are patentable. In some nations, the patent office has rules to determine which inventions are eligible for patent protection. It is essential to understand the distinctions between these categories and determine which types of work merit patent protection.
What is the safest blockchain?
While numerous security features are available in a blockchain, Algorand is one of the most secure. It was designed to resist attacks and elects its committee members using pure proof of stake and a verifiable random function. This implies that no one can predict who will serve on the committee and that no one can manipulate the process. Blockchains are protected by cryptography, unlike traditional databases where information is susceptible to manipulation by humans.
Complexity abounds in the process of implementing cryptocurrency, and it is often simple for developers to combine different cryptographic tools in insecure ways. Due to Bitcoin’s longevity and battle-tested nature, it has set the standard for the most secure blockchain. Despite the challenges, blockchain security is one of the most essential factors to consider when selecting a cryptocurrency. By taking a blockchain training course, you can learn about the most stringent security requirements in this industry.
Although security is essential for crypto investors, it is not necessarily their primary concern. Although Bitcoin is one of the most secure cryptocurrencies, anyone with access to blockchain explorer websites can still track it. Additional Bitcoin core code updates may make transactions more private. Even though these security features are not currently available, the vast majority of transactions will be conducted for legitimate purposes. If you wish to safeguard your privacy, ensure that security is built into your solution from the beginning.
Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements.
Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.
Quoted in and contributed to 50+ national & international publications(Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).
Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.
Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filings, patent services in India and global patent consulting services.
Global Blockchain Lawyers (www.GlobalBlockchainLawyers.com) is a digital platform to discuss legal issues, latest technology and legal developments, and applicable laws in the dynamic field of Digital Currency, Blockchain, Bitcoin, Cryptocurrency and raising capital through the sale of tokens or coins (ICO or Initial Coin Offerings).
Blockchain ecosystem in India is evolving at a rapid pace and a proactive legal approach is required by blockchain lawyers in India to understand the complex nature of applicable laws and regulations.
References:
https://arapackelaw.com/patents/blockchain-patents/are-blockchain-backed-technologies-patentable/
https://www.lexology.com/library/detail.aspx?g=176b7802-4d27-4e7b-8e6b-d4145e1da7f6
https://peacocklaw.com/protecting-blockchain-inventions/
https://thepatentprofessor.com/industries-served/blockchain-patents/
