Research On Patent Issues Of Block Chain Technology

Block chain technology has brought new civilization inspiration to mankind.It is essentially a distributed book database recorded by many people.It has the characteristics of de-centralization,de-intermediary trust,non-tampering,stability and openness.This subversive technology makes it possible to transform the traditional financial system into a low-threshold digital financial system.The change of social form often begins with the emergence of new social logic.The emergence of block chain technology represents the birth of a new social logic,which has touched upon the most fundamental interest pattern of the original stakeholders in the financial world.Therefore,whether from the national strategic level or from the long-term perspective of social development,the research and development of block chain technology and the protection of related intellectual achievements are particularly important.As early as 2016,China has established the first block chain industry alliance in the world,Zhongguancun Block-chain Industry Alliance,which focuses on the innovation of network space infrastructure.This shows that the country has attached great importance to the research and development of block chain technology.The achievements of technology research and development make the protection of related intellectual achievements gradually come into people's eyes.At the same time,with the rapid development of block chain technology in the world,more and more countries begin to attach importance to the issue of block chain technology.The number of patent applications for global block chain technology has increased dramatically in recent years,which has become an important part of the strategic layout of intellectual property rights for banks and enterprises in various countries.As an important index to measure the technological strength of a country and an enterprise,the quantity and quality of patents are also indicators of technological innovation.It is self-evident that it is important to study the protection of patents in block chains.Because the development of open source technology has created block chain technology,block chain technology has also made open source software community,and the relationship between them is complementary.Therefore,when discussing the patent protection of block chain technology,we can not avoid the spirit of free sharing of open source software,but also pay attention to the contradiction with the concept of exclusive protection in patent system,which becomes a district.It's one of the characteristics of block chain technology patent protection.As an open source computer software program,block chain technology faces patent risks that can not be ignored.Copyright protection and traditional licensing system in open source community have congenital shortcomings:copyright only protects "expression" but not "thought",while licensing system in open source technology mostly makes programmers give up too many rights.Therefore,in order to meet the practical needs of the development of block chain technology in our country,it is necessary to modify and improve our patent law and patent examination system.Combining with the licensing system of open source technology and the protection system of software technology patents abroad,a set of feasible patents protection mechanism for block chain technology in our country is summarized.At the same time,we should shorten the protection period of patents in block chain to adapt to the social technology circulation,and we should not ignore the impact of block chain technology on the economy.The relevant government functional departments should combine leniency and strictness in patents examination of block chain technology and the establishment of "patent pool" according to the specific situation.This paper focuses on the analysis of the characteristics of block chain technology,combined with the open source software community licensing system and the foreign experience of block chain technology patent protection to analyze the methods of block chain technology patent protection,and to make their own thinking on some more complex issues of domestic block chain technology patent protection.Finally,specific suggestions on the current intellectual property system,especially the patent system,are put forward on the legislative level,the administrative level of the government and the self-management level of the enterprises and other organizations.