Discussion On Patent Protection Of Block Chain Application Technology

Block chain application technology is a hot new technology at present,which is even more popular in the financial world,and has been named "technology that will change the world".Block chain application technology is a new technology that grows in open source community and adopts progressive development mode.The core technology has been known to the public,because it can solve the transaction security problems and reduce transaction cost.It is an important field of technology research and development and investment preemption.And the number of patent applications is increasing rapidly.However,due to the lack of accurate understanding of block chain application technology,there are two aspects of embarrassment in the current patent protection:unclear understanding of its open source technology characteristics,patent examination and grant time Excessive lack of protection caused by too long;and excessive protection caused by excessive duration of patent protection and low entry threshold.It can be predicted that the block chain industry will face a variety of patent hooligans and infringement litigation,hindering the benign development of block chain application technology.This paper attempts to analyze the characteristics of block chain application technology and discuss the patent protection path of block chain application technology.This paper uses the method of empirical study in combination with the judicial practice.Analyze the intellectual property protection applicable to the block chain application technology,and the application,distribution and other protection status of the patent.Then to clarify the development trend of the patent application for the application of the block chain in the current district.By analyzing whether the block chain application technology has the "novelty,creativity,and practicability",and the patent application of the analysis block chain application technology,the non-patent case and the patent case of the block chain application technology can be distinguished.The patent claims and the scope of protection applied to the disclosed block chain application are analyzed,and through comparison with other open source technologies and general computer programs,It is concluded that the risk of infringement will be obtained by analyzing the order,combining with the patent infringement and equivalence principles related to the psychoanalysis of judicial practice.This paper puts forward the recommendations of patent identification in accordance with the examination sequence of ’practicality,novelty and inventiveness’,speed up patent examination,shorten the patent protection period and establish patent cross-award mechanism.So as to effectively protect the core intellectual property rights of the block chain application technology and promote the benign development of block chain application technology.Reasonable optimization of patent system can maximize the win-win situation of society and obligee,and it is the balance point to promote innovation.After adopting the above suggestions,the patent protection of block chain application technology can not only establish patent guardrail to prevent infringement disputes,but also fit into the core idea of block chain,meet the requirements of open source license,and make the application technology of block chain obtain benign development by applying patent first and then authorizing open source.