A brand new paradigm for mental property belongings?


Nonfungible tokens, or NFTs, are digital data of the possession of belongings. The asset sorts mostly related to NFTs are digital belongings, corresponding to art work like memes, GIFs, or gaming characters or properties. Property represented by NFTs, nevertheless, could also be digital, bodily, tangible or intangible. Examples of asset sorts which were transferred or which have had their possession recorded using NFTs embody sports activities memorabilia, copyrights in music, art work and actual property. Mental property belongings and, particularly, the possession and switch of possession of patents might also be recorded and transferred as NFTs.

Associated: Nonfungible tokens from a authorized perspective

The possession of actual property could also be recorded in a registry of deeds, the possession of patents could also be recorded in the USA Patent and Trademark Workplace (USPTO), and the possession of written works or music could also be recorded within the Library of Congress by way of the copyright system. As a result of related programs for recording possession don’t exist for asset sorts corresponding to collectibles, video clips, memes, digital avatars or innovations which are deemed ineligible for patentability as a consequence of being too summary, there’s a large profit to using NFTs. Nonetheless, even belongings which have current programs for recording possession, such because the USPTO for patents, should profit from utilizing NFTs to assist potential patrons, sellers or licensees in understanding the proprietor and worth of a specific patent.

NFTs and blockchain expertise

The possession of NFTs are recorded on a blockchain, a distributed digital ledger that gives for immutable data of transactions and for transfers of possession of belongings through software program code often called good contracts. Blockchain expertise is greatest often called the expertise for recording transactions involving cryptocurrencies, corresponding to Bitcoin (BTC).

Associated: How the NFT market leveraged blockchain tech for explosive progress

The recording of NFTs on a blockchain supplies a number of advantages. On a blockchain, data corresponding to NFTs is recorded in a sequence of blocks of knowledge of a sure measurement, relying on the blockchain implementation. When the quantity of data to be recorded is ample to satisfy the block measurement requirement of the blockchain, a brand new information block is created and appended to the top of the prevailing chain of blocks within the blockchain. The brand new information block features a cryptographic code, known as a cryptographic hash, generated from a mix of knowledge related to the data within the new block and the cryptographic hash of the previous block. This renders the data within the blocks of a blockchain safe. If a malicious get together had been to try to change data in a block of a blockchain — for instance, an possession report included in an NFT — this might end in a change to the cryptographic hash of the related block. This transformation would end in mismatches or modifications to the cryptographic hashes within the subsequent information blocks, offering a sign of the unauthorized change to the recorded data.

Additional, the information blocks in a blockchain, collectively known as the blockchain ledger, should not recorded in a centralized location. Fairly, the blockchain ledger is recorded in a number of totally different laptop programs, sometimes of customers who’ve carried out a transaction through the blockchain or who created a number of new blocks on the chain. The dearth of a single centralized location for the blockchain ledger additional will increase the safety of the data recorded on the blockchain. A malicious get together couldn’t hack a single laptop system to change the data in a blockchain as a result of the ledger on that single laptop system would then not match the ledgers recorded on different laptop programs within the community. If there was a sign of a change in data beforehand recorded on the blockchain — for instance, as a consequence of a change in a cryptographic hash of a number of blocks — the ledgers of a number of or the entire totally different programs by which the ledger was recorded may very well be in comparison with decide which system had been compromised. Thus, recording possession, assignments, and prior gross sales or licenses of belongings, corresponding to patents, as NFTs on a blockchain would profit potential patrons, sellers and potential licensees by offering an unalterable public report.

Patents and NFTs

At present, there are not any necessities for recording assignments or gross sales of patents with the USA Patent and Trademark Workplace, so it’s usually tough to know the proprietor of a patent. Additionally it is tough to guage the worth of a patent as a result of the phrases of gross sales or licenses of patents are hardly ever made public. If a patent was offered or licensed through NFTs, a report of the sale and present proprietor or licensee of the patent could be immediately obtainable to the general public. To additional profit potential patrons, sellers or licensees, the gross sales or licensing of patents through an NFT may very well be automated by means of good contracts.

The primary NFT was created in Could 2014, however NFTs didn’t achieve a lot public consideration till 2017 when Larva Labs launched a mission dubbed CryptoPunks for the commerce of cartoon characters on the Ethereum blockchain and Dapper Labs launched the CryptoKitties gaming mission, which allowed gamers to buy, commerce and “breed” digital cats.

The market related to the gross sales of NFTs grew considerably in 2021, with an estimated gross sales worth of greater than $250 million. Notable NFT gross sales embody: an algorithm-generated pixel artwork picture of an alien from the CryptoPunks mission in March 2021 for $7.57 million; Twitter CEO Jack Dorsey’s first-ever tweet from 2006 in March 2021 for $2.9 million; and lots of extra. In one of many highest-priced NFT gross sales to this point, the public sale home Christie’s offered a digital art work, “Everydays: The First 500 Days,” by the digital artist Mike Winkelman, also referred to as Beeple, for $69.3 million in March 2021. NFTs could now be created and offered on digital public sale websites or by conventional auctioneers, corresponding to Christie’s.

Creating an NFT-based market for asset sorts, corresponding to patents, will take time and would require patentees to undertake a brand new paradigm with respect to recording patent possession, transfers and licensing. A number of preliminary work could be required to create the digital representations of possession of current patents as NFTs. Difficulties could come up if transfers or licenses had been made however not recorded on the blockchain, thus creating conflicting data of possession; nevertheless, work on such a market has begun. For example, IBM has introduced plans to work with the patent market IPwe to create a digital market to report and supply for the switch of possession of patents through NFTs. True Return Methods LLC has begun the primary public sale for a patent within the type of an NFT, appropriately for a patent directed to blockchain expertise.

This text doesn’t include funding recommendation or suggestions. Each funding and buying and selling transfer entails threat, and readers ought to conduct their very own analysis when making a choice.

The views, ideas and opinions expressed listed here are the writer’s alone and don’t essentially mirror or signify the views and opinions of Cointelegraph.

Greg Gerstenzang is a associate at Boston mental property legislation agency Lando & Anastasi LLP. Greg works with shoppers of all sizes to leverage their mental belongings by way of strategic patent portfolio growth and administration primarily within the chemical and materials sciences, laptop expertise and software program, shopper merchandise, electronics, and mechanical and industrial engineering industries. He prosecutes patent functions domestically and overseas in a variety of applied sciences from water therapy to strong state physics. Greg’s mental property legislation apply focuses on patents, post-grant evaluation course of and strategic counseling. Greg is an lively member of the MIT Membership of Boston, the Cornell Membership of Boston, the Boston Bar Affiliation and the Boston Patent Regulation Affiliation.