Bonum Certa Men Certa

Blockchain Patent Hype Has Been So Extraordinary That There's Now a Blockchain Defensive Patent License (BDPL)



Related: Blockchain Becomes the Target Not Only of Financial Institutions With Software Patents But Also Trolls

A hype loop
Another hype loop



Summary: Blockchain patents, which are just software patents (and thus likely invalid under Alice and EPC), continue to be granted and law firms are totally embracing this hype to encourage more of the same (granting of dubious software patents)

THE EPO grants software patents provided they're clouded by buzzwords, novelty-sounding hype, and words like "device" or terms like "technical effect". The USPTO has become stricter than before (more on that later today and tomorrow), so buzzwords or media hype get exploited ("AI" has been a popular one lately).

A few days ago someone explained why Europe does not yet grapple much with blockchain patents (at least the appeal boards do not): "Of course, due to the delay of the publication of patent applications by 18 months, today’s statistics reflect the situation of late August 2016, when the blockchain hype was in its early stages..."

He too uses the word "hype".

"...buzzwords or media hype get exploited ("AI" has been a popular one lately)."They know what it is. To be clear, blockchains are a real thing and not merely a buzzword like "cloud" or "AI"; blockchains have different implementations and uses. They're just very hot (maybe too hot) in the media these days. Last week there was this article titled "The blockchain market is hot; here's how to learn the skills for it" and another one titled "Blockchain: Not just for cryptocurrency" (the above person already suggestion it can be used for patent management).

"AI", "Blockchain" and all that malarkey which makes old staff sound novel and cutting-edge (sickening retreat to buzz and hype) is a subject we wrote about many times before. We hope that examiners at least know what's going on because perhaps more often than not when confronted with such terms inside applications the intent is to mislead and confuse (to make things sound more complicated than they really are, making examiners feel misinformed/foolish). See this new article titled "What IP Attys Need To Know About Blockchain" because it articulates what we have been saying for a long time. These people are just looking to exploit hype to patent software (the EPO creates hype around "fourth industrial revolution" and "Industry 4.0" for this purpose).

Always remember that blockchain is software (typically Free/libre Open Source software), so patents don't really belong in this domain, albeit many still get granted (in the US at least).

""AI", "Blockchain" and all that malarkey which makes old staff sound novel and cutting-edge (sickening retreat to buzz and hype) is a subject we wrote about many times before."Herein we see Paul Haughey, Brian Olion and Thomas Franklin hyping up mass patenting of different aspects of blockchain (just because "blockchain!") and others in the 'industry' they call 'IP' suggesting the same for copyrights ("Managing Copyrights on a Blockchain: How Close Are We and What Does It Mean?").

It's like a fashion. We're supposed to think that blockchain is so revolutionary and any patent applications pertaining to blockchain should thus be granted for their novelty unless proven otherwise (there's no prior art with this particular word, "blockchain", but many of the concepts are just old things with the term or concept of "blockchain" added to them, much like "on the Internet" or "on a computer/phone/car").

Here's Managing IP where Ellie Mertens published "How blockchain will change intellectual property – trade marks and brands" several days ago. This isn't about applications but about use of blockchains for organising data:

Managing IP is publishing a series of articles that looks at how blockchain technology is changing each area of IP. Here, in the first article, Ellie Mertens analyses its implications for trade marks including improving supply chains, being an alternative source of registration and helping IP offices become more efficient


"Blockchain For Patents - Patents For Blockchain" is another article -- this one touching both aspects (managing patents using blockchains and patenting concepts associated with blockchains).

Much has been written and discussed about how blockchain technology would bring about fundamental changes to the financial industry which could actually threaten the very existence of banks as intermediary trust centers. At the latest after the major central banks met about a year ago in Washington at a three-day event, hosted by the World Bank, the International Monetary Fund and the US Federal Reserve, to discuss blockchain and crypto currencies, it probably dawned on a wider public that the hype around blockchain must be more than just that.

In a recent in-depth analysis report, the European Parliamentary Research Service investigated how blockchain technology could change our lives. Indeed, blockchain has potential for application way beyond Fintech - so the current hype may actually be understated.

[...]

The application of blockchain is and will not be limited to the financial and legal sectors. With the advent of Internet of Things and cloud-based data processing and their propagation to virtually all kinds of technologies and industries comes a need for logging and registering events and values with critical requirements of reliability, security, and verifiability, qualities which are inherent to blockchain. The application of blockchain in technical fields will spur innovation and with it patent applications. The current numbers of published patent applications related to blockchain are still low, worldwide in the range of about two hundred patent families, primarily from the financial sector. Although there is a blind spot of a year and a half, because patent applications are published as late as eighteen months after their filing, it is evident that the numbers are growing rapidly. In just the last three months, the number of published US patent applications increased from 123 to 225. Worldwide, this rapid growth is indicated by an increase of patent families from 175 to 250, with published patent applications growing from 284 to 425 in the same short period. This tremendous activity is further evidenced by the appearance of new applicants, with top ranking numbers of applications, and a broadening of relevant fields from finances to information and communications technology.


Here's a new article about the blockchain patent gold rush in China:

Several top-tier public universities in China are stepping up efforts to patent blockchain applications developed on campus.

New data published on Feb. 16 and Feb. 23 by China State Intellectual Property Office (SIPO) highlights the efforts by institutions such as Zhejiang University, Shenzhen University and Chinese Academy of Sciences to obtain patents related to the tech. The efforts are a tangible sign of the growing interest - and investment of resources - from China's government-funded academic institutions in the area of blockchain research and development.


Last but not least, Aaron Van Wirdum and Andrew Nelson wrote about the Defensive Patent License (DPL) in relation to bitcoin patents (naturally, this relates to blockchain):

Bitcoin is considered by many to be the culmination of the decades-old cypherpunk movement, rallied around predominantly anarchist and libertarian ideals regarding freedom of information. The original Bitcoin software, therefore, was released as free and open-source software (FOSS), and operates today under the MIT License known for its permissive nature. Many would agree that its open, permissionless ethos has helped make Bitcoin the success it is today.

Much of this ethos is in stark contrast with international patent law. Where FOSS is fundamentally about free distribution, patents grant individuals or companies exclusive property rights or ownership of an invention. Through the Patent Cooperation Treaty (PCT), the patent holder holds those same rights over a patented invention in up to 152 countries (with non-signatories to the treaty being countries with low global economic standing or those with a history of systemic intellectual piracy).

[...]

There have been several attempts to resolve the problems that patents pose to the Bitcoin industry. Coinbase, for example, signed a patent pledge. Although not legally binding, this pledge indicates that the company publicly renounces the aggressive use of software patents on startups.

Blockstream went a step further; besides committing to a patent pledge, it also became part of the Defensive Patent License (DPL). By signing the DPL, the blockchain development company promised to share all its patents with other license holders, on condition that those companies share their patents as well.

However, none of these measures are specifically designed for Bitcoin or blockchain technology. Importantly, these agreements have loopholes that could be abused, as a new initiative contends. This new initiative, the Blockchain Defensive Patent License (BDPL), represents an updated version of the DPL.


So they now have something which they call Blockchain Defensive Patent License (BDPL).

"...the only cause for excitement here seems to involve lawyers who found a new buzzword/hype to justify software patents."We don't really know how much longer this 'fashion' will last, but blockchains aren't that exciting and the only cause for excitement here seems to involve lawyers who found a new buzzword/hype to justify software patents. They sometimes even brag about it. Alice laughs back at them.

Recent Techrights' Posts

Gemini Links 09/08/2026: Meatballs (1979), Gopher, RSS Experiment
Links for the day
IBM's "Next Step" Program
Apparently close to 1,000 people being laid off by IBM wasn't worth reporting
If GNU/Linux Rising is Just "Bots" (It's Not, Many Surveys Show the Same), Why Does Microsoft Rush to Lie About System Requirements of Vista 11?
The real reason is, GNU/Linux is rising
 
10 Days Ago Red Hat Formally Terminated Employment of About 500 Technical Workers (the Media Didn't Mention This)
IBM has nothing left to do except fire people (in secret) whilst attacking sites that give these people a voice
Freenode Continues to Shed Off Servers and Users, Good Thing We Abandoned It
you cannot sell communities. It leads to chaos
Daniel Pocock in the Sunday Times (Today)
Expect the attacks (from Pocock's haters, motivated by envy) to intensify
Controlling One's Platform
We need to strive for or actively pursue a Web where everyone has their own platform/s and where censors ("moderators") have no direct control over these platforms
Improving the Static Site Generator (SSG), Fixing Bugs
Next month the site's SSG turns 3
2026: The Year Richard Stallman Came Back to American Campuses
There's more on the way
XBox is Rotting Away, Technical Issues for Second Time in Two Weeks
XBox is dying
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 08, 2026
IRC logs for Saturday, August 08, 2026
Red Hat is in Need of a 'Jolla', as an IBM-Controlled Red Hat is Becoming Like the Microsoft-Infiltrated Nokia
Dying fast, partly by design
Gemini Links 08/08/2026: Gigs, Poems, SREs, and Shared Passion
Links for the day
Kompromat Tactics in GNU and Linux
Kompromat as a concept was covered here in the past in relation to Microsoft
SLAPP Censorship - Part 143 Out of 200: After Nearly 10 Attempts to Settle With Us and Over a Million Pounds Spent on Lawyers and Barristers
We are in no particular hurry
20 Years and 43 Years
GNU/Linux is not just code, it's a philosophy, licence (copyleft), and community
GNU/Linux Turns 43 Next Month, Many Distros Actively Maintained
A lot of Debian-based distros are still actively maintained (we talk about this in IRC this evening), so the stability of the Debian Project is important
Links 08/08/2026: GAFAM Colonialism "Paved Over Protected Wetlands", Slop Companies Hoard Software Patents as Debt Soars to Trillions
Links for the day
Links 08/08/2026: "Palantir Paid No Federal Income Tax" and "Who's Responsible for This Mess?"
Links for the day
Retained: The Time IBM's Red Hat Tried to Hijack or Take Offline Site of Critics, Failed on All Grounds (Meritless Action Intended to Harass Critics)
Replicated from adrforum.com
IBM's 'Final Solution': Censor Sites Not Controlled by IBM, Sites Where Dissent is Expressed
IBM has no culture of free speech
More Mass Layoffs Coming IBM's Way (Ones IBM Cannot Hide, Cannot Convince Enough People to Leave or Unjustifiably PIP Them When They Say No)
The company that was like a "father of modern computing" is now stingy when it comes to travel. Not a good sign.
What Will it Take for Mainstream Media to Report Silent or Secret Layoffs at IBM?
"Silent" or "secret" sometimes because the media won't cover them
Is the Future of IBM Red Hat Temporary Staff, Contractors?
They want cheap, obedient lemmings
Gemini Links 08/08/2026: Tribute to Lloyd Center, Radio Amateurism, Homeworlds
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 07, 2026
IRC logs for Friday, August 07, 2026
Microsoft Uses Slop to Find Defects and Then Uses Slop to Replace Code, What Could Go Wrong?
Botspam is the problem, it's not a constructive approach in any shape or form
analytics.usa.gov: GNU/Linux Up Some More This Week
Days ago it said 6.4%, now it's up to 6.8%
RA-pocalypse: IBM Tells Workers "Taking a Hike" is Their "Next Step" ('Voluntary' Layoffs), Now It Prepares to Sack Lots of Contractors
There definitely is something going on
Legal Attacks on Techrights Have Made Techrights More Popular and More Widely Read
The misogynists will have plenty of work to do this summer
Kai Stephens (Barkley Walsh) & British Democrats in Clacton by-election hustings
Reprinted with permission from Daniel Pocock
Daniel Pocock 'Punching' Nazis in the UK
The so-called "cult" of so-called "Debianism" was left with nothing but massive legal bills
SLAPP Censorship - Part 142 Out of 200: GemText is Not a Webpage, Gemini Protocol is Not the Web, and Capsules Are Not Websites
our intention to appeal (escalate to the Court of Appeal)
Microsoft: Our August 2026 Layoffs Are Not Layoffs Because... Reasons
That's like IBM making "spin-offs", then pretending that no layoffs are happening
Links 07/08/2026: UMG and Anthropic in Trouble Over Copyright Infringements Sold as "Training" (Slop)
Links for the day
Links 07/08/2026: "BMW Is Showing Commercials On Their Car's Dash Screens And They Want You To Think It's A Treat", Software Patents on Drones
Links for the day
What We Said About Red Hat's Fate Under IBM Turned Out to be Right on the Money (That IBM Lacks)
There are no layoffs at IBM
IRC Networks Show No Signs of Going Away, IRC Enters Its 39th Year
That IRC daemons are still actively developed and patched in summer of 2026 (over 38 years after IRC was born) says a lot about IRC's importance
Social [Control] Media Needs to Die
I am a bit shocked to recall that I wasted a lot of time on it
Some Malware is Legal Because It's Made and Distributed by Politically-Connected GAFAM
In reality, the security non-experts 'championed' (and salaried) by GAFAM are anti-security people who advocate back doors
The GNU/Linux Anniversary is Next Month, Not This Month
It'll turn 43
At Clacton by-election Hustings Event Daniel Pocock Says "Social [Control] Media Has Contributed to Some of the Anti Social Behaviour."
No doubt many problems in society are caused or at least amplified/accentuated by this horrible phenomenon
IBM Insiders Explain Why IBM is in Very Serious Trouble
Will IBM last long enough for any "quantum" deliverables to become a reality?
The Register MS Took Money From Broadcom to Publish Fake 'News' With "AI" Mentioned 35 Times
not legitimate or authentic journalism.
GNU/Linux Approaching 20% in Georgia (the Country)
Usage of GNU/Linux was near 0%, as measured by statCounter, several years ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 06, 2026
IRC logs for Thursday, August 06, 2026
Gemini Links 07/08/2026: Radio Amateurism, Summer Updates, and Programming "Taste"
Links for the day