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Blockchain Patents: Challenges for Eligibility, New Patent Opportunities, Monetizing Blockchain

Recording of a 90-minute premium CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Tuesday, July 2, 2019

Recorded event now available

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This CLE course will guide patent counsel on drafting blockchain patent applications to comply with eligibility and the requirements of Sections 102, 103 and 112. The panel will discuss patent law considerations, the types of patentable technology, and monetizing blockchain in the patent world.


While Bitcoin cryptocurrency transactions are perhaps the most well-known use of blockchains, major companies are beginning to employ distributed ledger technology in many other environments. Bank of America, IBM and MasterCard top the list of U.S. companies filing for and holding patents for blockchain technology.

Practitioners often emphasize meeting the Section 101 requirements. In Alice Corp. v. CLS Bank Int'l (2014), the Supreme Court determined patent eligibility for business method and software patents must meet the criteria set forth in Mayo Collaborative Servs v. Prometheus Labs., and these criteria have made it more difficult for blockchain patents to overcome the eligibility hurdle.

Once blockchain patents have surmounted eligibility, they, like other U.S. patents, must meet the novelty, non-obviousness and written description/enablement requirements of Sections 102, 103 and 112. Blockchain patent applications should be drafted to show improvements over past blockchain technology and the drafters need to demonstrate that the invention goes significantly beyond a mere abstract idea.

Listen as our authoritative panel of patent attorneys examines blockchain patents and business issues surrounding blockchain patents. The panel will discuss what the patent needs to include, patent law considerations, the types of patentable technology, and how are people monetizing blockchain in the patent world.



  1. What blockchain patent applications need to include and related challenges
    1. Subject matter eligibility
    2. Meeting novel and non-obvious requirements
    3. Preempting infringement
  2. Patent law considerations
  3. Patentable technology
  4. Monetizing blockchain in patents


The panel will review these and other high profile issues:

  • What are the opportunities for patents in using blockchain?
  • What are the hurdles to patenting blockchain technology?
  • What are the best practices for patent drafting to position a blockchain-related patent application for allowance by the patent office?


Feller, Mitchell
Mitchell S. Feller

Gottlieb Rackman & Reisman

Mr. Feller’s practice focuses on patents and related legal areas which involve the development and use of...  |  Read More

Lewin, Barry
Barry R. Lewin

Gottlieb Rackman & Reisman

Mr. Lewin focuses his practice on patent prosecution in the mechanical and electronic arts including software-based and...  |  Read More

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