On March 27, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision in Rady v. The Boston Consulting Group affirming a lower court’s invalidation of patent claims covering improvements to physical asset provenance via blockchain. The ruling, though marked non-precedential, arguably expands the application of the abstract idea exception to patentability under 35 U.S.C. § 101 for blockchain technologies even when those patents are claiming the use of specialized, non-generic computer hardware.
On March 16, 2020, Bitcoin sold at $5,024, down from its previous high of over $19,000. On November 25, 2020, it sold at over $19,000 again. Interest in blockchain technology and Bitcoin, in particular, is on the rise after a cold winter, which began in January 2018. Facebook Libra made a bid to become the world’s currency, and although government regulators have so far stifled its implementation, it still may be implemented in a revised form that satisfies the regulators. Some estimate that Apple could generate $100 billion in shareholder value if they were to integrate Bitcoin into Apple Pay.
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.
It is no wonder that Bitcoin has recently reached a record of $600 billion in the total market value, and Thomas J. Lee, the head of research at Fundstrat Global Advisors, predicts the total value of Bitcoin to reach $1.2 trillion by the end of 2018… Every digital investor has a special set of goals in cryptocurrency, but whatever your goals online safety measures must be taken. Be sure to consider the fees, accessibility, and liquidity as well as your own safety when choosing a platform for your exchange.
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.
Bitcoin was touted as the world’s first decentralized digital currency. It basically is a cryptocurrency which uses peer-to-peer technology to provide payment network gateway. Bitcoin is deliberately designed for public use by making it an open-source. Therefore, nobody owns or governs or control Bitcoin and everyone can be a part of it. Bitcoin financial infrastructure follows decentralized and automated systems which overcome the inefficiency of the traditional financial system. The unique feature of Bitcoin is that no one can block you from transferring money from anywhere in this world. Further, this makes whole transaction process irreversible. These transactions are recorded in a public distribution ledger called a blockchain.
With a high-level understanding of what blockchain is, you might ask “why is it important?” Blockchain has many implications, but it is going to change how we interact with each other and over time will make peer to peer interaction the norm… It occurred to me that blockchain could have a massively beneficial impact on the patent industry and patent asset class… Applying blockchain, artificial intelligence and predictive analytics to improve patents, the industry and the asset class is our mission.
The SEC has landed on a definition which includes both permissioned distributed ledgers and permissionless distributed ledgers in the term “blockchain.” This is not surprising, nor is it necessarily the result of a misinformed view. There are lots of market opportunities and reasons for enterprise permissioned distributed ledgers, as there was always market appetite for permissioned systems in general. These ventures use the term “permissioned blockchain” intentionally and purposefully. After all, the transactions are batched in blocks that are linked to each other. So, there is a chain of blocks, and some kind of consensus protocol. But is that sufficient for a blockchain, really? And what ‘blockchain’ is the SEC referring to when it references “the blockchain”?