• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Jeff Bezos wants the bottom half of earners to pay zero income tax—he says nurses making just $75K should save $12K a year

2

Apple’s Steve Wozniak says he cofounded the tech giant after 5 rejections from HP—not to ‘make money.’ For years, his paycheck was just $50

3

Indeed chief economist says we’re entering an era of ‘great mismatch’ thanks to a generational imbalance of workers

1

Jeff Bezos wants the bottom half of earners to pay zero income tax—he says nurses making just $75K should save $12K a year

2

Apple’s Steve Wozniak says he cofounded the tech giant after 5 rejections from HP—not to ‘make money.’ For years, his paycheck was just $50

3

Indeed chief economist says we’re entering an era of ‘great mismatch’ thanks to a generational imbalance of workers
TechBlockchain

Are Blockchain Patents a Bad Idea?

Jeff John Roberts
By
Jeff John Roberts
Jeff John Roberts
Editor, Finance and Crypto
Down Arrow Button Icon
Jeff John Roberts
By
Jeff John Roberts
Jeff John Roberts
Editor, Finance and Crypto
Down Arrow Button Icon
December 1, 2016, 8:12 AM ET
Key Speakers At The Economist Finance Disrupted Conference
Adam Ludwin, co-founder and chief executive officer of Chain Inc., speaks during The Economist's Finance Disrupted conference in New York, U.S., on Thursday, Oct. 13, 2016. The conference will explore what the digital revolution means for finance and the broader economy. Photographer: Michael Nagle/Bloomberg via Getty ImagesMichael Nagle—Bloomberg via Getty Images

Blockchain is at a crossroads. On one hand, the technology, which promises to revolutionize record-keeping in businesses like banking and farming, is more open than ever with firms including Chain and R3 saying they would make their blockchain software code open to the public.

But there is another force at work that could close off access to the technology. That force comes in the form of patents as big banks and others file applications that seek 20-year monopolies over various aspects of blockchain.

The most prominent example is an application in which Goldman Sachs seeks a patent for “processing financial transactions using a … distributed ledger … [to] store a portion of the ledger corresponding to a respective asset” — in other words, using blockchain tools to settle transactions.

The Goldman application caused a minor media stir but the investment bank is hardly the only one seeking blockchain patents. Bank of America (BAC), Accenture (ACN), and Morgan Stanley (MS) are among the other big corporate names that appear on hundreds of blockchain-related patent applications filed in the last few years. Meanwhile, a controversial figure named Craig Wright who claims to have invented bitcoin (the claim is widely doubted) has filed dozens of patents in an apparent attempt to exert control over blockchain.

So far, the U.S. Patent Office has yet to actually grant any of these patents. But if it does, the patent owners could be in position to seek millions of dollars in damages from other blockchain users that do not agree to license their technology, or even shut them down with an injunction. Worse, the owner could employ a “patent trolling” model—simply sitting on the patents and using shell companies to file lawsuits against anyone using blockchain.

According to Don Tapscott, a co-author of a popular book, Blockchain Revolution, a surge of patent litigation could be devastating to the technology’s development.

“This sort of behavior is antithetical to innovation, collaboration and the openness that’s at the heart of the new digital age,” said Tapscott. “I find it unfortunate when incumbents threatened by new paradigms revert to behavior that’s not even in their own interest.”

But in the case of banks like Goldman Sachs and Morgan Stanley, whose patent filings reportedly caused tension with the blockchain consortium R3 (the banks left R3 last week), it may be premature to assume they will act aggressively.

A source close to Goldman said the bank’s patent applications are primarily a defensive measure to ensure a tech firm or another company “doesn’t monetize it away.” The source, who would speak only on the condition of anonymity, added that the bank could also donate patents it obtains to a consortium that seeks to promote blockchain adoption in the financial sector.

Meanwhile, others argue that patents will be an inevitable part of the blockchain landscape and that this is not a bad thing. Justin Hill, a patent attorney at the law firm Olswang, recently wrote that the emergence of clusters of blockchain patents could be similar to what occurred in the telecom industry, where companies pay intellectual property holders to access standard technology.

Would a blockchain patent be valid?

It’s still not clear, however, if patents are the best approach for encouraging blockchain technology, or if such patents should even be valid under American law.

Daniel Nazer, a lawyer with the Electronic Frontier Foundation, told Fortune that applications to patent the blockchain — which is a form of software — face a high hurdle due to a Supreme Court case called Alice. That decision ruled that most, or perhaps all, software patents are abstract ideas that are ineligible for patent protection.

Get Data Sheet, Fortune’s technology newsletter.

He added that many such patent applications would also have to overcome objections that the “invention” they claim is obvious. This is especially the case, said Nazer, because the applications are not for foundational concepts like bitcoin or the blockchain itself—concepts that could not be patented today since bitcoin’s pseudonymous creator, Satoshi Nakamoto, disclosed them to the public years ago.

But Nazer remains concerned the Patent Office will fail to apply the proper quality controls, and will issue weak blockchain patents all the same.

“I’m concerned the system will fail and there will be lots of abstract and mundane patents for ‘use of the blockchain for X,’ and then everyone will have to negotiate legal minefields and innovation will slow,” he said.

For now, though, the prospect of patent pitfalls is not slowing companies like Chain, which develops blockchain protocols for the likes of Visa and Capital One, and in October released an open source version of its Chain Core software.

“Patents? We feel strongly this should be done in a way that is open source and that patents are used only defensively,” Chain CEO, Adam Ludwin, told Fortune recently. “Will there be lawsuits in the future? Yeah, probably.”

About the Author
Jeff John Roberts
By Jeff John RobertsEditor, Finance and Crypto
LinkedIn iconTwitter icon

Jeff John Roberts is the Finance and Crypto editor at Fortune, overseeing coverage of the blockchain and how technology is changing finance.

See full bioRight Arrow Button Icon

Latest in Tech

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Tech

w
Environmentclimate change
The asphalt industry has a heat problem — and cities are running out of patience
By Aya Diab, Alexa St. John and The Associated PressMay 23, 2026
11 hours ago
SpaceX’s third-generation Starship, which NASA may use to put astronauts on the moon, makes debut in test flight ahead of blockbuster IPO
InnovationSpaceX
SpaceX’s third-generation Starship, which NASA may use to put astronauts on the moon, makes debut in test flight ahead of blockbuster IPO
By Marcia Dunn and The Associated PressMay 23, 2026
13 hours ago
Is a college degree still worth it? Here are 3 things it can teach you that AI can’t do
Future of WorkColleges and Universities
Is a college degree still worth it? Here are 3 things it can teach you that AI can’t do
By Jake AngeloMay 23, 2026
14 hours ago
Ashley Yetman
Commentarydisruption
Everyone is blaming AI for the death of ‘craft.’ Take a good look in the mirror
By Ashley YetmanMay 23, 2026
16 hours ago
Josh Smith, founder of Montana Knife Company.
SuccessEntrepreneurs
This 39-year-old quit his lineman job during the pandemic and built a $50 million company in his backyard
By Nick LichtenbergMay 23, 2026
16 hours ago
Jon McNeill
SuccessCareers
Former Tesla president shares the secret to success he learned from his former boss, Elon Musk: ‘He demands to only work with world-class talent’
By Preston ForeMay 23, 2026
17 hours ago

Most Popular

Jeff Bezos wants the bottom half of earners to pay zero income tax—he says nurses making just $75K should save $12K a year
Success
Jeff Bezos wants the bottom half of earners to pay zero income tax—he says nurses making just $75K should save $12K a year
By Preston ForeMay 21, 2026
2 days ago
Apple’s Steve Wozniak says he cofounded the tech giant after 5 rejections from HP—not to ‘make money.’ For years, his paycheck was just $50
Success
Apple’s Steve Wozniak says he cofounded the tech giant after 5 rejections from HP—not to ‘make money.’ For years, his paycheck was just $50
By Preston ForeMay 22, 2026
2 days ago
Indeed chief economist says we’re entering an era of ‘great mismatch’ thanks to a generational imbalance of workers
Success
Indeed chief economist says we’re entering an era of ‘great mismatch’ thanks to a generational imbalance of workers
By Emma BurleighMay 22, 2026
1 day ago
Microsoft reports are exposing AI's real cost problem: Using the tech is more expensive than paying human employees
AI
Microsoft reports are exposing AI's real cost problem: Using the tech is more expensive than paying human employees
By Jake AngeloMay 22, 2026
1 day ago
Bolt CEO says he let go of his entire HR team for creating problems that didn’t exist: ‘Those problems disappeared when I let them go’ 
Workplace Culture
Bolt CEO says he let go of his entire HR team for creating problems that didn’t exist: ‘Those problems disappeared when I let them go’ 
By Preston ForeMay 19, 2026
4 days ago
Elon Musk's SpaceX IPO filing just told us what business he's betting on for the future—and it's not rockets
Investing
Elon Musk's SpaceX IPO filing just told us what business he's betting on for the future—and it's not rockets
By Shawn TullyMay 23, 2026
19 hours ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.