# Blockchain patent attorneys for Web3 and crypto founders

> Flat-fee blockchain patent attorney services for Web3 and crypto founders. Start with a $999 patentability search, refunded if it isn't patentable.

Page: https://arapackelaw.com/industries/blockchain/  
Title: Blockchain Patent Attorney for Web3 Founders | Rapacke Law Group  
Breadcrumb: [Home](https://arapackelaw.com/) / [Industries](https://arapackelaw.com/industries/) / [Blockchain](https://arapackelaw.com/industries/blockchain/)

We protect the protocol, the smart contracts and the project name, filed before the whitepaper or the code goes public. One flat fee for each step.

- $999 patentability search
- No hourly billing
- Registered patent attorneys

## For the people who build on the blockchain.

From a two-person protocol team to a company running its own network, the work starts the same way. Find out what is new, then protect it before the code, the paper or the token goes public.

- **Protocol and infrastructure teams** Consensus, scaling and interoperability work, protected before the repository opens or the testnet goes live.
- **Wallets, payments and exchanges** Custody, key management and payment flows, claimed as the technical systems they are.
- **Enterprise blockchain builders** Permissioned ledgers for supply chains, records and identity, with the data and privacy questions planned in.
- **Web3 apps and NFT platforms** Consumer apps, marketplaces and the brands on them, protected before launch and before fundraising.

## Four things worth protecting in a blockchain product.

Most blockchain products carry more than one kind of protection. A patent on how the system works, a design patent on how the app looks and a trademark on the name each stop a different kind of copy.

### The method behind the ledger (utility patent)

The way the network reaches agreement, validates transactions or moves data between chains. Claims are written around a specific technical improvement, such as faster validation or safer key handling, not the idea of putting a record on a blockchain.

- Consensus and validation methods
- Scaling and interoperability
- Key management and custody
- Cryptographic techniques

### Smart contracts and the systems around them (utility patent)

The process a smart contract carries out, the oracle that feeds it data or the system that issues and tracks tokens, claimed as a technical process rather than a business practice moved onto a ledger.

- Smart contract execution
- Oracles and data feeds
- Tokenization systems

### Wallet and app interfaces (design patent)

The ornamental design of a wallet screen, a dashboard or an app icon, protected for 15 years from grant.

- Wallet screens
- Dashboards and trading views
- App icons

Covered by The RLG Guarantee (USPTO denies it, full refund).

### The protocol, token and company name (trademark)

Clear and file the name before it goes on the whitepaper, the exchange listing and the app store, so the name your community knows is one you can keep.

- Protocol and project names
- Token and product names
- Logos

Covered by The RLG Guarantee (Approved, or your money back).

**Some things stay off-chain.** Code published to a public repository is no longer a secret. A matching engine, a risk model or other logic that runs off-chain may be worth more as a trade secret than as a published patent. Your attorney tells you which on your first call.

## Search, provisional, utility. Flat fees at every step.

Every step is quoted before any work begins, and the search fee is credited toward a design or non-provisional application. Most blockchain founders file a provisional before the whitepaper, the public repository or the testnet, then the full application within 12 months.

### Start here, Patentability search

**$999** flat fee. Patentable or your money back. Credited toward a design or non-provisional application. Report in about 5 days.

- An invention discovery call with your attorney
- A search of US and foreign patents and published applications
- A written patentability report and a review call

Covered by [The RLG Guarantee](https://arapackelaw.com/rlg-guarantee/) (Not patentable, full refund).

### Then, Provisional patent

**$2,500 to $3,500** flat fee. . Patent pending the day it is filed.

- A strategy call to capture how the system works
- Drafted by a registered patent attorney
- You review and approve it before filing

Covered by [The RLG Guarantee](https://arapackelaw.com/rlg-guarantee/) (Patentability issues, full refund).

### Within 12 months, Non-provisional patent

**$7,000 to $12,000** flat fee. Drawings and USPTO filing fees included. Filed before your 12-month deadline.

- System and method claims written for examination
- Formal drawings and USPTO filing fees
- Complex systems quoted flat on your call

Flat fee, not covered by the guarantee.

### Alongside the patent

- **Design patent, $3,200.** For the wallet or app interface, office actions included. Covered by The RLG Guarantee.
- **Trademark, $2,000.** For the protocol or token name, USPTO fee for one class included. Covered by The RLG Guarantee.

## Public code and patents. Time them together.

A patent decides who can use the method. A public repository, a whitepaper or a testnet decides when the world first sees it. Once it is public the clock on filing starts, and the license you publish under decides what others can do with the code.

### Patent, who can use the method

1. **Search** ($999). Patentable, or your money back
2. **Provisional** (File first). Patent pending, before any disclosure
3. **Full application** (Month 12). Within 12 months
4. **Examination** (USPTO). The USPTO reviews the claims
5. **Granted**. Rights you can enforce

### Launch, when the world sees it

1. **Private build** (Use an NDA). Code and design documents
2. **Whitepaper** (Disclosure risk). Explains how it works
3. **Testnet** (Disclosure risk). Others can use and inspect it
4. **Open-source release** (Pick a license). The license sets the terms
5. **Mainnet**. Live with users and tokens

**File before you publish.** A whitepaper, a public repository, a testnet or a conference talk can make an invention public. The US gives you one year after your own disclosure, but most other countries do not. File at least a provisional first.

- **Open source and patents can coexist.** Some open-source licenses, such as Apache 2.0, grant every user a license to the contributor's patents that the code uses. Pick the license knowing what it gives away, and file before the code is published. [How open source and patents fit together](https://arapackelaw.com/patents/open-source-patent/)
- **Claim the technical improvement.** Putting a known business practice on a ledger is treated as an abstract idea under the Alice test. Claims that show how the system itself works better, such as faster validation or more secure key handling, stand on firmer ground. [Are blockchain technologies patentable](https://arapackelaw.com/patents/blockchain-patents/are-blockchain-backed-technologies-patentable/)
- **An NFT is not the copyright.** Owning an NFT does not by itself transfer the copyright in the artwork or content it points to. A copyright transfer needs a signed writing, so the terms you publish decide what holders can do. [NFTs and intellectual property](https://arapackelaw.com/patents/softwaremobile-apps/nft-intellectual-property/)

*General information, not legal, securities or tax advice. Whether a token or an offering is regulated depends on its facts and where it is offered.*

## Services for blockchain and Web3 companies.

One firm for the patent, the brand and the agreements around them.

- [Software patents](https://arapackelaw.com/patents/software-mobile-app-patent/) (Markdown https://arapackelaw.com/patents/software-mobile-app-patent.md). Protect the methods your protocol performs.
- [Provisional patents](https://arapackelaw.com/patents/provisional-patents/) (Markdown https://arapackelaw.com/patents/provisional-patents.md). Patent pending before the code goes public. Covered by The RLG Guarantee.
- [Design patents](https://arapackelaw.com/patents/design-patents/) (Markdown https://arapackelaw.com/patents/design-patents.md). Protect how the wallet or app looks. Covered by The RLG Guarantee.
- [Trademarks](https://arapackelaw.com/trademarks/) (Markdown https://arapackelaw.com/trademarks.md). Register the protocol and token names. Covered by The RLG Guarantee.
- [Business formation and structure](https://arapackelaw.com/business-formation-and-structure/) (Markdown https://arapackelaw.com/business-formation-and-structure.md). The entity and governance behind the project.
- [Fundraising agreements](https://arapackelaw.com/fundraising-agreements/) (Markdown https://arapackelaw.com/fundraising-agreements.md). Raise from investors on clear terms.
- [Contracts and agreements](https://arapackelaw.com/contracts-agreements/) (Markdown https://arapackelaw.com/contracts-agreements.md). Development, contributor and partner agreements.
- [Privacy and data protection](https://arapackelaw.com/privacy-and-data-protection/) (Markdown https://arapackelaw.com/privacy-and-data-protection.md). Personal data on and off the chain.

## Before you file.

### Can blockchain technology be patented?

Yes, when the invention is a specific technical improvement in how the system works, such as a new way to validate transactions, store keys or move data between chains. Putting an existing business practice on a blockchain is usually treated as an abstract idea under the Alice test. The patentability search tells you where your invention stands before you file.

### Can a smart contract be patented?

The code itself is protected by copyright as soon as it is written. The process the smart contract carries out can be patented when it is new, not obvious and claimed as a technical system or method. Many founders protect both, plus the agreements with the developers who write it.

### Should I file before publishing a whitepaper or open-sourcing the code?

Yes. A whitepaper, a public repository or a testnet can make the invention public. The US gives inventors one year after their own disclosure to file, but most other countries require filing before any disclosure, so a provisional first keeps both options open.

### Does a token launch raise questions beyond IP?

Often, yes. Patents and trademarks protect the technology and the name. Whether a token is a security, and which money transmission, tax or consumer protection rules apply, are separate questions under financial regulation that depend on the facts. Answer them before launch.

### How much does a blockchain patent cost with your firm?

Flat fees at every step. A $999 patentability search, a provisional application at $2,500 to $3,500 depending on the invention, and a non-provisional application at $7,000 to $12,000 with drawings and USPTO filing fees included. Every fee is quoted before work begins, and the search fee is credited toward a design or non-provisional application.

### What does The RLG Guarantee cover for blockchain inventions?

The patentability search, the provisional application, design patents and trademarks. If the search finds your invention is not novel, you get a full refund or another search. If patentability issues come up on your provisional, a full refund or more searches. If the USPTO denies your design application, you get a full refund. If it refuses your trademark, you get a refund or a new mark. Non-provisional applications are not covered. Refunds are subject to the RLG Guarantee Policy in your engagement letter.

## Your attorneys

- [Andrew Rapacke](https://arapackelaw.com/learn-more/the-team/andrew-rapacke/), Managing Partner, Registered Patent Attorney. Electrical and computer engineering. Former Naval Engineering Officer.
- [Casey Goldenberg](https://arapackelaw.com/team/casey-goldenberg/), Attorney, Trademarks and Patent Prosecution. Trademarks and patent prosecution, from a scientific background.

Meet the team at https://arapackelaw.com/learn-more/the-team/

## Go deeper on blockchain patents.

- [Are Blockchain-Backed Technologies Patentable?](https://arapackelaw.com/patents/blockchain-patents/are-blockchain-backed-technologies-patentable/)
- [Is Cryptocurrency Patentable?](https://arapackelaw.com/patents/blockchain-patents/is-cryptocurrency-patentable/)
- [Cryptocurrency Patent Examples from Top Companies](https://arapackelaw.com/patents/blockchain-patents/cryptocurrency-patent-examples-from-top-companies/)
- [Complete Guide to NFT’s and Intellectual Property](https://arapackelaw.com/patents/softwaremobile-apps/nft-intellectual-property/)
- [Open Source Patent Protection: Can You Patent Something That You’re Open Sourcing?](https://arapackelaw.com/patents/open-source-patent/)

[All blockchain patent articles](https://arapackelaw.com/category/patents/blockchain-patents/)

## Other industries

- [3D printing](https://arapackelaw.com/industries/3d-printing/) (Markdown https://arapackelaw.com/industries/3d-printing.md). Printers, processes, materials and the products they make.
- [Aerospace](https://arapackelaw.com/industries/aerospace/) (Markdown https://arapackelaw.com/industries/aerospace.md). Aircraft, drones and spacecraft, protected before the first public flight.
- [AI and machine learning](https://arapackelaw.com/industries/ai-machine-learning/) (Markdown https://arapackelaw.com/industries/ai-machine-learning.md). Models, training methods and the AI features inside your product.
- [Autonomous vehicles](https://arapackelaw.com/industries/autonomous-vehicles/) (Markdown https://arapackelaw.com/industries/autonomous-vehicles.md). Sensing, navigation and control systems for vehicles that drive themselves.
- [Computer hardware](https://arapackelaw.com/industries/computer-hardware/) (Markdown https://arapackelaw.com/industries/computer-hardware.md). Components, peripherals and the systems that tie them together.
- [Consumer electronics](https://arapackelaw.com/industries/consumer-electronics/) (Markdown https://arapackelaw.com/industries/consumer-electronics.md). Devices people carry and use every day, from how they work to how they look.
- [Consumer products](https://arapackelaw.com/industries/consumer-products/) (Markdown https://arapackelaw.com/industries/consumer-products.md). Everyday products and the brands on them, protected before launch.
- [Cybersecurity](https://arapackelaw.com/industries/cybersecurity/) (Markdown https://arapackelaw.com/industries/cybersecurity.md). Security software and hardware, and what to patent or keep secret.
- [Defense](https://arapackelaw.com/industries/defense/) (Markdown https://arapackelaw.com/industries/defense.md). Defense technology, planned around contracts and export rules.
- [Digital health](https://arapackelaw.com/industries/digital-health/) (Markdown https://arapackelaw.com/industries/digital-health.md). Telehealth, remote monitoring and health apps, built around patient data.
- [E-commerce](https://arapackelaw.com/industries/ecommerce/) (Markdown https://arapackelaw.com/industries/ecommerce.md). Online brands and Amazon sellers, from the trademark to the product itself.
- [Electrical hardware](https://arapackelaw.com/industries/electrical/) (Markdown https://arapackelaw.com/industries/electrical.md). Power electronics, controls, sensors, batteries and motors, from circuit to system.
- [Energy and clean tech](https://arapackelaw.com/industries/energy/) (Markdown https://arapackelaw.com/industries/energy.md). Batteries, solar, storage, charging and the grid, from the cell to the system.
- [Fintech](https://arapackelaw.com/industries/fintech/) (Markdown https://arapackelaw.com/industries/fintech.md). Payments, lending and trading technology, claimed as technical improvements.
- [Gaming](https://arapackelaw.com/industries/gaming/) (Markdown https://arapackelaw.com/industries/gaming.md). Game engines, mechanics, controllers and titles, protected before the reveal.
- [Medical devices](https://arapackelaw.com/industries/medical-devices/) (Markdown https://arapackelaw.com/industries/medical-devices.md). Devices, diagnostics and software as a medical device, timed with the FDA.
- [Robotics](https://arapackelaw.com/industries/robotics/) (Markdown https://arapackelaw.com/industries/robotics.md). Robots, grippers and the software that moves them, protected before the pilot.
- [Semiconductors](https://arapackelaw.com/industries/semiconductors/) (Markdown https://arapackelaw.com/industries/semiconductors.md). Chip design, fabrication processes and packaging.
- [Software and SaaS](https://arapackelaw.com/industries/software-saas/) (Markdown https://arapackelaw.com/industries/software-saas.md). The methods your platform performs, protected however the code is written.
- [Sporting goods](https://arapackelaw.com/industries/sporting-goods/) (Markdown https://arapackelaw.com/industries/sporting-goods.md). Equipment and gear, from how it performs to the design customers recognize.

## Next steps

- [Book a free strategy call](https://arapackelaw.com/contact-us/) with a registered patent attorney, or call (954) 951-0154
- [Take the Intelligent IP Quiz](https://arapackelaw.com/intelligent-ip-quiz/) to see what to protect first
- [The RLG Guarantee](https://arapackelaw.com/rlg-guarantee/), the refund promise on four services

General information, not legal advice.