Blockchain inventions live at the edge of what the patent system allows. We draft claims that focus on the specific technical improvement, so your distributed-ledger innovation has the best chance of clearing the §101 eligibility test.
Patentable blockchain work usually involves a concrete technical improvement to how a distributed system operates. We protect:
Claims that simply say "do a known business process on a blockchain" are usually rejected as abstract ideas. Claims that describe a specific improvement to the technology itself fare much better, and that is where we focus.
Most blockchain inventions draw on one or more of the patent types we prepare:
Blockchain patents succeed or fail on how precisely the technical improvement is described. Craige Thompson has an engineering background and more than 20 years of experience drafting software and systems patents, so he can separate what is new in your protocol from what is standard, and claim the part that matters.
Tell us about your invention in a Complimentary Patent Needs Assessment. We’ll tell you honestly whether it’s patentable, what it would take to protect it, and what it would cost.
Get a Complimentary Patent Needs AssessmentYes, if the invention is a specific technical improvement, such as a faster consensus method, a more secure key-management scheme or a new data structure, and not just a known business practice carried out on a blockchain.
Under the Supreme Court’s Alice decision, claims directed to an abstract idea are not patent-eligible unless they add an inventive concept. Many blockchain and fintech claims are rejected on this basis, so how the claims are framed is critical.
Publishing code is a public disclosure. In the US you have a one-year grace period to file after your own disclosure, but most other countries have none. File before publishing if you want to keep patent options open.
A specific smart-contract system or execution method that improves how the technology works can be patentable. The contract terms or business logic on their own usually are not.
Typically 2 to 3+ years, as software-related art units at the USPTO often have longer backlogs. Track One prioritized examination can shorten this for an added fee.
