Technology

This edition of MintzTech Connect covers the patentability of blockchain and cryptocurrency, SEC Rule 148, a Delaware Supreme Court ruling on the advance waiver of appraisal rights, and Miyoko’s Creamery.

This edition covers the patentability of blockchain and cryptocurrency, SEC Rule 148, a Delaware Supreme Court ruling on the advance waiver of appraisal rights, and Miyoko’s Creamery.

Computer-based inventions – especially in the machine learning (ML), bioinformatics, and artificial intelligence (AI) fields – are susceptible to subject matter eligibility challenges. Subject matter eligibility challenges may prevent a patent application from being granted by the United States Patent and Trademark Office (USPTO) and may even be asserted to invalidate a patent post-grant. In recent years, the Federal Circuit has implemented a multi-step test to determine whether patent claims would survive a subject matter eligibility challenge.

Frank Gerratana discusses the relationship between blockchain and cryptocurrency and the underlying intellectual property issues and opportunities for patent holders.