alerts & publications
Testing the Cryptocurrency Patent Waters5月 8, 2018 | Fintech
O’Melveny partner Darin Snyder and counsel Tony Beasley recently authored “Testing the Cryptocurrency Patent Waters” for the Daily Journal. The article analyzes the US Patent and Trademark Office’s (PTO) approval of a number cryptocurrency-related patent applications.
The authors note that “[t]he PTO has made clear that reciting the use of cryptocurrency in a patent application will not, alone, render the invention subject-matter eligible,” and that instead, patent applications will only be approved if they show “improvements to the technology on which cryptocurrency applications function.”
Furthermore, the authors advise that applicants’ ability to overcome subject matter rejections “is tied directly to the ability to embody these improvements in specific claim limitations and advocate the meaning and import of these limitations.”
Individuals and companies considering developing cryptocurrency-related technology should consult with legal counsel in the early stages of development to assess the patentability of such technology given the PTO’s approach, as described herein.
You can read the article in full here.
This memorandum is a summary for general information and discussion only and may be considered an advertisement for certain purposes. It is not a full analysis of the matters presented, may not be relied upon as legal advice, and does not purport to represent the views of our clients or the Firm. Darin Snyder, an O'Melveny partner licensed to practice law in California, and Tony Beasley, an O'Melveny counsel licensed to practice law in California, Minnesota, Texas, and Wisconsin, contributed to the content of this newsletter. The views expressed in this newsletter are the views of the authors except as otherwise noted.
© 2018 O’Melveny & Myers LLP. All Rights Reserved. Portions of this communication may contain attorney advertising. Prior results do not guarantee a similar outcome. Please direct all inquiries regarding New York’s Rules of Professional Conduct to O’Melveny & Myers LLP, Times Square Tower, 7 Times Square, New York, NY, 10036, T: +1 212 326 2000.
Thank you for your interest. Before you communicate with one of our attorneys, please note: Any comments our attorneys share with you are general information and not legal advice. No attorney-client relationship will exist between you or your business and O’Melveny or any of its attorneys unless conflicts have been cleared, our management has given its approval, and an engagement letter has been signed. Meanwhile, you agree: we have no duty to advise you or provide you with legal assistance; you will not divulge any confidences or send any confidential or sensitive information to our attorneys (we are not in a position to keep it confidential and might be required to convey it to our clients); and, you may not use this contact to attempt to disqualify O’Melveny from representing other clients adverse to you or your business. By clicking "accept" you acknowledge receipt and agree to all of the terms of this paragraph and our Disclaimer.