Posts Tagged: "blockchain"

Our last article in this series discussed patenting trends in the Therapeutics and Diagnostic Molecules Industry. Today, we turn to the blockchain industry, which is a foundational technology that is expected to revolutionize many different industries and not just digital currency. Blockchain patent filings are exploding, but we are still very early in the innovation cycle of this technology. Important to note about the data here: it is limited and especially thin, as this industry was just invented a decade ago, when there were just a handful of filings, and less than a thousand filings today. This is the only area in the greater study that was not long established, but the importance of blockchain is something that cannot be ignored in many industries. Although the most well-known application of blockchain is cryptocurrency, blockchain provides authenticity to any electronic transaction or contract in an open and trusted way. Blockchain underpins algorithmically protected currency but is expected to disrupt many other industries where algorithms can be trusted more than conventional mechanisms.

The shifting status of marijuana from an illegal controlled substance to regulated medicinal product to, in some jurisdictions, legalized recreational activity has created a market that promises to be incredibly valuable in the years to come. An April 2018 report from Grand View Research predicted the global market for legal marijuana products to exceed $146 billion by the year 2025. A 2018 cannabis report by Deloitte forecast Canada’s cannabis market to reach $7.17 billion in total sales during 2019, including $4.34 billion in sales of legal marijuana products. In the U.S., 2017 sales of legal recreational and medicinal marijuana products resulted in revenues of up to $6.6 billion, a fraction of the estimated $50 billion to $55 billion of total U.S. demand for recreational cannabis products. Last year, Reuters reported that the USPTO issued 39 patents containing the word cannabis during 2018 through late November. The USPTO only issued 29 such patents during 2017 and 14 during 2016.

This week on Capitol Hill, the Democrat-controlled House of Representatives has planned a number of hearings on climate change and antitrust matters, especially where the T-Mobile/Sprint merger is concerned. In the Senate, cybersecurity takes center stage at the Senate Homeland Security and Energy Committees. Elsewhere in Washington, D.C., the Brookings Institution got the week started early with a look at the impacts of artificial intelligence on urban life; Inventing America hosts a half-day event looking at current issues in the U.S. patent system; and the Information Technology & Innovation Foundation examines the future of autonomous vehicles in the freight industry.

Patentability of Blockchain is a hot topic primarily because of the tremendous expectations around this emerging, disruptive and promising technology. On December 5, 2018, the European Patent Office (EPO) held an International Conference on Patenting Blockchain at The Hague to explore this topic in detail.

Practitioners who work on patent applications or clearance advice in this field should be careful in the choice of keywords for prior art searches and should be aware of what kind of patent they are seeking: core technology (with possible risks of a pure algorithm objection), applied technology, and virtual currency claim (which is excluded in China).

This week on Capitol Hill is another light one in terms of hearings focusing on topics related to technology and innovation. Although the House of Representatives is in session all week after the Columbus Day holiday, there are no hearings scheduled for the week as of Sunday,  and the House is about to enter a few weeks’ worth of district work periods. In the Senate, the Commerce Committee convenes a hearing to look at recent consumer data privacy laws passed in Europe and California, and the Banking Committee explores the potential of blockchain and cryptocurrencies in the national financial system.

Gamestatix intends to release an ERC-20 token that can be deployed on an Ethereum blockchain. Launched in 2014, this technology makes it possible for Gamestatix to pay in a cryptocurrency that could then be transferred more readily than Bitcoin. The difference between the two is that Bitcoin is only a currency while Ethereum is an application platform through which companies can build new programs. Both use blockchaining technology, but Ethereum’s allows for complex applications in a “smart contract” which can automate certain operations.

British patent data insights firm Cipher recently released an IP strategy report that provides a look at how many firms are patenting technologies in the hopes of disrupting various industry sectors. Among the various highlights of the report include a look at fintech patents, which shows that tech companies and not banks are leading the way in obtaining patents that cover the future of banking.

The same factual analysis required in Berkheimer under step 2B should apply to fundamental economic practice analysis of claims under step 2A. The questions have similar factual underpinnings in both steps. Applicants, when faced with economic based claims and particularly blockchain-based claims, should argue that whether a claim is directed to a fundamental economic practice is a fact question that has three parts. (1) The claims should be directed to a “fundamental” economic practice; (2) The claims should be directed to practice it has been “long” practiced in the system of commerce; and (3) The claim should be directed to a “prevalent” practice in our system of commerce. Each of these fact questions requires supporting evidence which should fall in the same four categories outlined in the April 19, 2018 Memorandum.

There is a dangerous movement afoot; the idea that registration of your images on the blockchain is a cheap and simple alternative to registration with the United States Copyright Office. It is not…. While the costs of registration with the US Copyright Office can be significant, especially if you are shooting thousands of photos, don’t be deluded into thinking that the blockchain is some cheap cure-all for legally protecting your copyrighted work. The blockchain is not a government registry, but rather by definition is a distributed ledger without any central authority. Anyone can inscribe whatever they want in the blockchain without any legal recourse.

As an industry, gaming and eSports can typically adopt new technologies far quicker than say financial or logistics industries – so aspects of blockchain technology can be expected in eSports very soon. This is due, in part, to the age of the eSports audience which is typically very young, and therefore tech-savvy. Major eSports events now attract more viewers and fans than traditional sporting events, and around $4.6BN was generated last year by gaming content on live and on-demand video services. By 2019, the eSports audience is expected to grow to around 330,000,000 people.

Driven by media coverage of extravagant returns for investors in cryptocurrencies such as Bitcoin, Ethereum, and Ripple, among others, some of which have exhibited 100,000 percent or more annual growth in the last year alone, the cryptocurrency market, and the blockchain technologies by association, have received a tremendous amount of exposure for an industry that is still in its infancy… The fallout from the increase in patent application filings is worth monitoring closely. Given the lack of related art in the space, these early patents can potentially claim a large swath of functionality in the cryptocurrency and blockchain technology-related space.

The lawsuit is the latest example of content creators chasing down a third party that does not directly infringe content but rather facilitates infringement through a combination of its own hardware and third-party software… Currently, the increasingly proposed solution for safeguarding digital information is blockchain technology. Blockchain is being implemented in various industries to solve inefficiencies in areas from identity protection to supply chain management… To understand blockchain technology as a potential solution to the problems posed in the digital rights management space, one must first understand what the technology is and how it operates.

Efforts are being invested in leveraging blockchain technology to resolve challenges associated with copyright attribution to provide acknowledgment of copyright of a digital work of art to its holder or author. Blockchain technology aims at utilizing decentralized, cryptographically secure database technology, to document the recordation, reproduction, distribution, and trade of digital works of art… Decentralized blockchain data storing technology relies on the trust of the group. As long as the group is strong and the blockchain is well distributed, the record is still valid, namely, one of the many strengths of blockchain’s data storing technology is that it is designed to survive, have longevity, and be a highly reliable source of record and dating intellectual property, thereby establishing that the digital creation was in one’s possession in a specific point in time, and as such, may provide non-repudiation longevity service.

The invention improves authentication of devices operating on the Internet of Things, while also detecting anomalies in device sensors. This IoT blockchain innovation merely scratches the surface of distributed ledger technologies… However, cryptocurrencies are but one application for blockchain as is highlighted by the recent Cisco activities in IoT blockchain development. Although the distributed nature of blockchain makes it a great fit with IoT platforms, where many devices have to interact with each other in secure ways, it’s just one of many sectors which could be greatly impacted by further blockchain development according to Raina Haque, founder of Erdos Intellectual Property Law + Startup Legal.

IBM inventors received a record number of U.S. patents in 2017, again blowing past their own previous record to sail past 9,000 issued patents. Over the last 25 years IBM inventors have received patents for such transformative ideas as secure credit card transactions, guiding the visually-impaired using RFID, the world’s fastest supercomputers and earthquake detectors. With more than a quarter-century of innovation under its belt, IBM has continued to work on the most contemporary, relevant problems that exist today. This year alone IBM inventors obtained patents in areas such as Artificial Intelligence, Cloud, Blockchain, Cybersecurity and Quantum Computing technologies.