Intellectual Property Protection Strategies for Blockchain Technology Applications

Abstract

Due to the increasing use of Blockchain technology, patent offices are receiving a high number of applications for the protection of intellectual property rights of Blockchain technology applications. The protection of Blockchain technology applications is problematic however, due to the limited connection between emerging high technology and intellectual property law. This thesis aims to create a validated decision-making framework that might aid patent attorneys, and entrepreneurs by extension, to determine an effective protection strategy for protecting intellectual property (IP) rights of Blockchain technology applications, given the characteristic of the technology to be protected. Based on literature and the law, a theoretical decision-making framework will be constructed. This decision-making framework will translate input variables, Blockchain technology characteristics per case, into an effective strategy concerning the protection of a technology with those characteristics. The theoretical decision-making framework will be adapted and validated by comparison with patents, prosecution guidelines, cases in the granting procedure and infringement litigation. By referencing outcomes of cases to proposed strategies, the decision-making framework can be scrutinised on its applicability which will result in a validated framework. In the future, the framework could be adapted so that it might be used in other fields of technology so as function as a tool to close the generic gap between emerging high technology and intellectual property law.