Distinguish Quot Smart Contract From Abstract Idea To Pass Blockchain Patentability Scrutiny News Today : Breaking News, Live Updates & Top Stories | Vimarsana
The Situation
Smart contracts are often mentioned in blockchain-themed patent
applications and recited in claims. However, Examiners without a
thorough understanding of this concept or unfamiliar with
blockchain technology often equate smart contracts with legal or
commercial contracts stored on blockchains. As a result, the
Examiners may find claims directed to merely applying the
blockchain technology to execute legal or commercial contracts, for
example, as part of a commerce system, like
hedging.
See, e.g.,
Bilski v. Kappas, 561, U.S. 593, 611
(2010)).
Without detailed explanations of smart contract set
forth in the specification, patent prosecutors may find themselves
in anuphill battle against the abstract idea finding. What makes it