The blockchain landscape is a hotbed of innovation, with new applications and technologies emerging at a rapid pace. As companies and individual inventors strive to protect their groundbreaking work, they often find themselves navigating the complex waters of patent eligibility. This article aims to serve as a comprehensive guide to understanding and overcoming the challenges associated with establishing patent eligibility for blockchain inventions.

Table of Contents

  1. Introduction
    • The Blockchain Revolution
    • The Importance of Patents
  2. Understanding Patent Eligibility
    • Legal Foundations
    • Criteria for Patentability
  3. Challenges in Blockchain Patent Eligibility
    • Abstract Ideas
    • Software-Related Issues
  4. Jurisdictional Differences
    • United States
    • European Union
  5. Strategies for Establishing Eligibility
    • Claim Drafting
    • Utilizing Prior Art
  6. Case Studies
    • Successful Approaches
    • Lessons from Failures
  7. Conclusion
    • Key Takeaways
    • Future Outlook


The Blockchain Revolution

A Paradigm Shift in Technology

Blockchain technology has evolved from its initial application in cryptocurrencies to become a foundational technology with the potential to revolutionize various industries. Its decentralized, transparent, and immutable nature makes it a game-changer in fields ranging from finance and supply chain management to healthcare and governance.

The Pace of Innovation

The speed at which blockchain technology is evolving is staggering. New use-cases, platforms, and protocols are being developed at an unprecedented rate, making it one of the most vibrant areas of technological innovation today.

The Importance of Patents

Protecting Intellectual Property

In this highly competitive landscape, protecting one’s intellectual property becomes crucial. Patents offer a way to safeguard innovations, providing a competitive edge and potentially lucrative licensing opportunities.

The Role of Patent Eligibility

However, obtaining a patent is not straightforward. One of the first hurdles inventors face is establishing the patent eligibility of their invention, a complex process fraught with legal and technical challenges.

Understanding Patent Eligibility

The Concept of Patent Eligibility

Patent eligibility refers to the legal criteria an invention must meet to be considered for patent protection. It is the foundational step in the patent application process, determining whether an invention is even suitable for further examination.

Statutory Requirements

In most jurisdictions, patent laws outline the types of inventions that are eligible for patent protection. These usually include machines, processes, and compositions of matter, among others. However, not all inventions within these categories are automatically eligible; they must meet specific criteria.

Criteria for Patentability


One of the primary criteria for patent eligibility is the novelty of the invention. It must offer something new that is not already publicly known. This is usually established through a comprehensive search of prior art, which includes existing patents, academic papers, and other public disclosures.


Even if an invention is novel, it must also be non-obvious to someone skilled in the relevant field. This is a more subjective criterion and often becomes a point of contention during the patent examination process.


The invention must have a specific and substantial utility. In the context of blockchain, this could mean demonstrating how the technology solves a particular problem more efficiently or effectively than existing solutions. The utility criterion ensures that only inventions with practical applications are patented, as opposed to theoretical concepts.

Enablement and Written Description

The patent application must also include a written description that enables someone skilled in the relevant field to replicate the invention. This is particularly challenging for blockchain inventions, given the complexity and rapidly evolving nature of the technology.

Challenges in Blockchain Patent Eligibility

Abstract Ideas

The Alice/Mayo Framework

In the United States, one of the most significant challenges in establishing patent eligibility for blockchain inventions is the “abstract idea” exception, as outlined in the Alice/Mayo framework. According to this, an invention that merely implements an abstract idea using a computer is not patent-eligible.

Practical Implications for Blockchain

Many blockchain inventions can be construed as abstract because they involve algorithms, mathematical methods, or economic practices. Inventors must therefore demonstrate that their invention adds something “significantly more” to transform the abstract idea into a patent-eligible application.

Software as a Grey Area

Software-related inventions have always been a grey area in patent law, and this extends to blockchain, which is fundamentally software-based. The challenge lies in demonstrating that the software does more than just automate a manual process or implement a well-known idea on a computer.

Code vs. Functionality

While the source code itself is generally not patentable, the functionality enabled by the code may be. Inventors must focus on the novel and non-obvious functionalities their blockchain software provides, rather than the code that achieves those functionalities.

Jurisdictional Differences

United States

USPTO Guidelines

The United States Patent and Trademark Office (USPTO) has specific guidelines for software-related patents, which are highly relevant for blockchain inventions. Understanding these guidelines can provide valuable insights into how to frame an invention to meet eligibility criteria.

Case Law

U.S. case law also offers important precedents that can guide inventors in establishing patent eligibility. Cases like Alice Corp. vs. CLS Bank International have set important benchmarks for what constitutes an abstract idea, providing a framework within which blockchain inventions can be evaluated.

Psst… Learn how to beat the Alice case law and get your patent!

European Union

EPO Approach

The European Patent Office (EPO) takes a different approach to patent eligibility, focusing more on whether the invention provides a “technical solution to a technical problem.” This can be advantageous for blockchain inventions that improve the efficiency or security of computer systems.

Exclusions and Exceptions

However, the EPO also has a list of exclusions for patent eligibility, including mathematical methods and business methods, which are often integral to blockchain technologies. Navigating these exclusions requires a nuanced understanding of European patent law.

Strategies for Establishing Eligibility

Claim Drafting

The Art of Crafting Claims

One of the most critical aspects of establishing patent eligibility is the way the claims are drafted in the patent application. A well-crafted claim can make the difference between a patent being granted or rejected.

Focus on the “Inventive Concept”

In line with the Alice/Mayo framework, it’s crucial to identify and articulate the “inventive concept” that makes the invention more than just an abstract idea. This involves highlighting the unique technical elements that bring about a transformative effect.

Utilizing Prior Art

Importance of Prior Art Research

A thorough search and analysis of prior art not only help in establishing the novelty of an invention but can also be strategically used to demonstrate its non-obviousness. By showing how your invention improves upon or solves problems associated with existing technologies, you can strengthen its eligibility.

Citing Prior Art in the Application

While it may seem counterintuitive, explicitly citing relevant prior art in the patent application can be beneficial. It allows you to define the context within which your invention operates and makes it easier to highlight its innovative aspects.

Case Studies

Successful Approaches

Real-world Examples

Examining real-world examples of successfully patented blockchain inventions can offer invaluable insights. These case studies can serve as templates for how to navigate the complex eligibility criteria effectively.

Key Takeaways from Success Stories

Common themes often emerge from these success stories, such as the importance of focusing on specific technical improvements or novel applications that go beyond mere automation of existing processes.

Lessons from Failures

Learning from Rejections

Just as there is much to learn from success, understanding why certain blockchain patents were rejected can offer important lessons. Often, these rejections come down to the invention being deemed too abstract or obvious.

Strategic Adjustments

By studying these failures, inventors can make strategic adjustments to their own patent applications. This could involve anything from rephrasing claims to focusing on different aspects of the invention that are more likely to meet eligibility criteria.

Ethical and Social Implications

Balancing Innovation and Access

The Double-Edged Sword of Patents

While patents are designed to incentivize innovation by granting inventors exclusive rights to their inventions, they can also hinder the broader dissemination of technology. This is particularly relevant in the blockchain space, which has roots in the open-source community.

Ethical Licensing Models

Some companies and inventors are exploring ethical licensing models that aim to balance the need for IP protection with the broader goal of technology dissemination. These models may involve licensing terms that are more favorable for non-profit or social impact projects.

Open Source and Patents

The Open Source Dilemma

The blockchain community has a strong affinity for open-source principles, which can create a tension when it comes to patenting. How does one reconcile the open-source ethos with the exclusivity that comes with a patent?

Dual Licensing Strategies

One approach is to adopt a dual licensing strategy, where certain elements of the technology are open-sourced, while others are patented. This allows for community contributions and broader adoption while still protecting key innovations that provide a competitive edge.

Regulatory Considerations

Compliance with Financial Regulations

The Unique Challenge for Blockchain

Blockchain technologies often intersect with highly regulated sectors like finance and healthcare. Ensuring that a blockchain invention complies with relevant regulations can be an additional hurdle in establishing its utility, and hence, its patent eligibility.

Regulatory Approval as a Factor

In some cases, obtaining regulatory approval for a particular application of blockchain technology can strengthen its case for patent eligibility. It serves as an external validation of the invention’s utility and can be a compelling argument during the patent examination process.

Data Privacy and Security

GDPR and Blockchain

For inventions that involve data storage and management, compliance with data protection regulations like the GDPR in the European Union can be a significant factor. Non-compliance not only risks legal repercussions but can also weaken the invention’s case for patent eligibility.

Security Measures as Patentable Features

Interestingly, unique security measures implemented in a blockchain invention can themselves be patentable features. They can add a layer of technical innovation that goes beyond the abstract, thereby strengthening patent eligibility.


Key Takeaways

A Multi-Faceted Challenge

Establishing patent eligibility for blockchain inventions is a multi-faceted challenge that involves navigating complex legal criteria, understanding jurisdictional nuances, and making strategic decisions during the patent application process.

The Importance of Expertise

Given the complexity, it’s often beneficial to consult with legal experts who specialize in intellectual property law and have experience with blockchain technologies. Their insights can be invaluable in crafting a patent application that meets all the eligibility criteria.

We, at PatentPC have years of experience handling blockchain patents from the best in the industry. Feel free to contact us and we will guide you through the entire blockchain patenting process.