LegalGELegalGE
...

Blockchain Patent Strategy

Is software patentable in Georgia?

Software "as such" is not, but computer-implemented inventions that solve a technical problem can be patented.

What is the difference between copyright and patent for crypto?

Copyright protects the specific written code from being copied. A patent protects the underlying idea, method, or functionality, regardless of how the code is written.

Should I open-source my project or patent it?

This is a strategic business decision. Open source drives adoption but loses exclusivity. A patent gives a monopoly but requires public disclosure of the method.

How long does the patent process take?

Obtaining a patent in Georgia typically takes 2-3 years from filing to grant, involving formal and substantive examinations.

Reading Time

3 min

Published

...

Blockchain Patent Strategy is one of the most complex and rapidly growing areas of intellectual property law. Blockchain is essentially software, and in Georgia, as in Europe, "computer programs" as such are not patentable (they are protected by copyright). However, if a program solves a technical problem and has a "technical effect," it can be patented as an invention. This creates a narrow path for protecting innovative consensus algorithms, cryptographic methods, or unique smart contract architectures. Without a proper strategy, your innovation may remain vulnerable to competitors, or conversely, publishing it as Open Source might lose you the chance for commercialization.

The Blockchain Patent Strategy service involves analyzing the innovation and selecting the best protection route. The service covers:

  • Patentability Search: Checking if the technology meets the criteria of novelty, inventive step, and industrial applicability.
  • Justification of Technical Effect: Formulating the application to focus not on the abstract algorithm, but on its technical result (e.g., increased transaction speed, improved security).
  • Copyright vs. Patent: Advising on what part is better protected by copyright (code) and what by patent (method/process).
  • Freedom to Operate (FTO) Analysis: Checking if your product infringes on existing patents of others.
  • International Protection (PCT): Filing applications via the WIPO system for global protection.

Practical examples demonstrate the importance of strategy. Scenario 1: A developer created a new type of crypto wallet using unique biometric encryption. This is a classic "technical solution" that is patentable. Scenario 2: A company wrote code for an existing blockchain (e.g., Ethereum). The code itself is automatically protected by copyright, but the functionality is not. If the functionality is unique, a patent is needed. Scenario 3: A startup uses Open Source libraries. A patent strategist must determine how compatible these licenses are with patenting.

In Georgia, this field is regulated by the Patent Law of Georgia and guidelines from Sakpatenti. It is important to know that business methods or mathematical methods are not patentable. Therefore, demonstrating the "technical character" in the application text is decisive. Blockchain patents are one of the best ways to increase a company's capitalization.

The process begins with a deep study of the technology by lawyers and technical experts. Patent claims are drafted to define the scope of protection. A correctly drafted patent grants a monopoly on the technology for 20 years.

Legal.ge is the only platform connecting technological innovators with patent attorneys who understand Web3 and blockchain. Turn your code into an asset. Protect your intellectual property with Legal.ge experts.

Updated: ...

Specialists for this service

Loading...