The presentation aims to discuss recent legal developments in patents and other intellectual property (IP), as relates to blockchain-related technology. In particular, the presentation aims to identify the requirements for obtaining patents and other IP, and to identify the challenges faced by prospective patentees in the patent offices of the United States, Canada and elsewhere.

The talk explores the legal frameworks of patent law in the United States, Canada, and elsewhere; published patent applications and issued patents that relate to blockchain and distributed ledger technology; and statistics on patent examination success rates. The talk further analyzes and explains the application of the above-noted legal frameworks against the common characteristics of products and services that leverage or use blockchain technology, to identify the key ingredients for successfully patenting and protecting IP around blockchain.

High-level patent database searching has identified over 500 blockchain-related patent applications that have been published in the United States since 2014. In that time, less than 100 applications have issued to patent. In addition to the usual hurdles of novelty and non-obviousness, rejections for lack of patentable subject matter – very common in software-based inventions – are widespread in blockchain technology and have posed challenges for prospective patentees.

Patent and other IP protection is available for blockchain technology, but requires a combination of inventiveness and the proper patent subject matter.

The presenter, Paul Horbal, is a registered patent agent in Canada and the United States, a partner with Bereskin & Parr LLP (a leading Canadian Intellectual Property law boutique firm) and chair of the firm’s Fintech group. His practice focuses on patent, industrial design and technology law, with an emphasis on securing and leveraging intellectual property rights for high-tech and Fintech clients. He has relevant experience with preparing and filing patent applications relating to blockchain technology, along with many other technologies. In addition, he is a frequent speaker on the topic of IP in blockchain technology.