Are Blockchain-Backed Technologies Patentable?
One study has reported that Chinese companies filed 4,435 blockchain patent applications between January and October of 2020. This rise in blockchain patent applications…
[INDUSTRY]Blockchain and Web3
Blockchain patent attorneys for Web3 and crypto founders
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.
Your attorneys
Andrew RapackeManaging Partner · Registered Patent AttorneyElectrical and computer engineering. Former Naval Engineering Officer.
Casey GoldenbergAttorney · Trademarks and Patent ProsecutionTrademarks and patent prosecution, from a scientific background.
[01]Who it's for
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.
[02]What's protectable
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.
01Utility patent
The method behind the ledger
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
Flat fee, quoted before work begins02Utility patent
Smart contracts and the systems around them
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
Flat fee, quoted before work begins03Design patent
Wallet and app interfaces
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
USPTO denies it, full refund*04Trademark
The protocol, token and company name
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
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.
[03]The flat-fee path
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.
01Start here
Patentability search
$999
Patentable or your money back. Credited toward a design or non-provisional application
- 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
Report in about 5 days
Not patentable, full refund*02Then
Provisional patent
$2.5k–3.5k
- A strategy call to capture how the system works
- Drafted by a registered patent attorney
- You review and approve it before filing
Patent pending the day it is filed
Patentability issues, full refund*03Within 12 months
Non-provisional patent
$7k–12k
Drawings and USPTO filing fees included
- System and method claims written for examination
- Formal drawings and USPTO filing fees
- Complex systems quoted flat on your call
Filed before your 12-month deadline
Flat fee, not covered by the guarantee
Alongside the patent
- Design patentFor the wallet or app interface, office actions included$3,200USPTO denies it, full refund*
- TrademarkFor the protocol or token name, USPTO fee for one class included$2,000Approved, or your money back*
*Refunds subject to the RLG Guarantee Policy in your engagement letter. Utility (non-provisional) patents are quoted flat and are not covered by the guarantee. How The RLG Guarantee works
[04]Open source and launch
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.
PatentWho can use the method
- $99901$999SearchPatentable, or your money back
- File first02File firstProvisionalPatent pending, before any disclosure
- Month 1203Month 12Full applicationWithin 12 months
- USPTO04USPTOExaminationThe USPTO reviews the claims
- 05GrantedRights you can enforce
LaunchWhen the world sees it
- Use an NDA01Use an NDAPrivate buildCode and design documents
- Disclosure risk02Disclosure riskWhitepaperExplains how it works
- Disclosure risk03Disclosure riskTestnetOthers can use and inspect it
- Pick a license04Pick a licenseOpen-source releaseThe license sets the terms
- 05MainnetLive 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 togetherClaim 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 patentableAn 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
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.
[05]Related services
Services for blockchain and Web3 companies.
One firm for the patent, the brand and the agreements around them.
- Software patentsProtect the methods your protocol performs
- Provisional patents, covered by The RLG GuaranteePatent pending before the code goes public
- Design patents, covered by The RLG GuaranteeProtect how the wallet or app looks
- Trademarks, covered by The RLG GuaranteeRegister the protocol and token names
- Business formation and structureThe entity and governance behind the project
- Fundraising agreementsRaise from investors on clear terms
- Contracts and agreementsDevelopment, contributor and partner agreements
- Privacy and data protectionPersonal data on and off the chain
[06]Questions
Before you file.
Still deciding? Your first call is free and comes with a straight answer on whether to file.
Book A Free Strategy CallCan 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.
[07]Learning Center
Go deeper on blockchain patents.
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[08]Client reviews
Founders who filed with us.
4.7 across 614 public reviews on Google, Trustpilot and Avvo.
#1Top reviewed IP law firm*
Read client reviews“It gave us peace of mind knowing the total cost for this service was included in their flat-fee proposal.”
Nick P.Provisional patent · Client review “They traversed the legal maze and minefield.”
Peter C.Patent · Trustpilot “Extremely impressed with their fixed fee and timely approach.”
Forrest A.Trademark · Google
Reviews reflect individual client experiences. Quotes are excerpts. Prior results do not guarantee a similar outcome. *#1 top reviewed means the most public client reviews on Google, Trustpilot and Avvo of any US patent or trademark firm.
Protect the protocol before it goes public.
Talk through your project with a registered patent attorney. The call is free, with no obligation.