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Course Details

This CLE course will guide patent counsel on drafting blockchain patent applications to comply with eligibility and the requirements of Sections 102, 103 and 112. The panel will discuss patent law considerations, the types of patentable technology, and monetizing blockchain in the patent world.

Description

While Bitcoin cryptocurrency transactions are perhaps the most well-known use of blockchains, major companies are beginning to employ distributed ledger technology in many other environments. Bank of America, IBM and MasterCard top the list of U.S. companies filing for and holding patents for blockchain technology.

Practitioners often emphasize meeting the Section 101 requirements. In Alice Corp. v. CLS Bank Int'l (2014), the Supreme Court determined patent eligibility for business method and software patents must meet the criteria set forth in Mayo Collaborative Servs v. Prometheus Labs., and these criteria have made it more difficult for blockchain patents to overcome the eligibility hurdle.

Once blockchain patents have surmounted eligibility, they, like other U.S. patents, must meet the novelty, non-obviousness and written description/enablement requirements of Sections 102, 103 and 112. Blockchain patent applications should be drafted to show improvements over past blockchain technology and the drafters need to demonstrate that the invention goes significantly beyond a mere abstract idea.

Listen as our authoritative panel of patent attorneys examines blockchain patents and business issues surrounding blockchain patents. The panel will discuss what the patent needs to include, patent law considerations, the types of patentable technology, and how are people monetizing blockchain in the patent world.

Outline

  1. What blockchain patent applications need to include and related challenges
    1. Subject matter eligibility
    2. Meeting novel and non-obvious requirements
    3. Preempting infringement
  2. Patent law considerations
  3. Patentable technology
  4. Monetizing blockchain in patents

Benefits

The panel will review these and other high profile issues:

  • What are the opportunities for patents in using blockchain?
  • What are the hurdles to patenting blockchain technology?
  • What are the best practices for patent drafting to position a blockchain-related patent application for allowance by the patent office?