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区块链在中国可以获得专利吗?

2019-05-12 02:25 编辑:btc268.com 来源:区块链资讯

  

  Daily IP English 214:

  今天的文章摘选自EPO关于区块链的一个会议报告:Talking about a new revolution: blockchain Conference report 4 December 2018 | The Hague (点击文末“阅读原文”获取PDF文档)。

  如果区块链技术采用了技术手段(例如:涉及计算机程序的技术手段),解决了技术问题,并实现了技术效果,就构成了可以申请专利的技术方案。但是,中国专利法也从反面规定了一些专利客体排除的内容,例如,比特币在中国被认为是违反法律和公共利益的,因而,不能被授予专利权。

  陪孩子练琴间隙分享,以为记。

  The blockchain market in China is booming. According to Wang Xinyi, expertpatent examiner at the Chinese Patent O?ce (CNIPA), it is estimated that, by 2020,the market size of China’s blockchain industry will be 10 billion yuan (1.3 billioneuros).

  Allow or rejectPatentability in China

  China has a similarapproach to Europeregarding blockchainpatentability.

  When it comes to patentability in China, it is often a case of “same but different”.There are a lot of resemblances between Chinese and European patent lawconcerning blockchain. But there are differences, too, in examination practice, andthese can lead to dramatic differences in the decision reached. 

  China is almost on the same page as the EPO when it comes to the subject-matterfor which a patent can be granted: it must have a technical solution, have technicalmeans and solve technical problems. One difference, however, is in the area ofexclusions from patentability. Bitcoin, for instance, is not allowed in any financialinstitutions in China as this may lead to instability in the financial markets and istherefore deemed detrimental to the public interest.

  “Currently, the only legal currency in China is the bank note and I don’t see thatchanging in the near future,” said Wang. 

  So what about some concrete examples Wang firstly referred to a patentapplication using blockchain for financial purposes. This featured a multilayerblockchain clearing mETHod where a father chain is connected with a sub-chainfor issuing, transferring and recording virtual money transactions. As it includeda pure algorithm method it could not be patented.

  A technical improvement in the blockchain is allowed under the law though.For example, Wang mentioned a method for realising shared retail based onblockchain for establishing and maintaining network nodes and providing anapplication programming interface at a protocol layer. As this clearly involvestechnical solutions and technical means it is allowed. 

  In future, Wang expects more input from universities and research institutes,working with the government. These have the power to research the underlyingtechnology of blockchain for patent applications. They can also establish auseful standard for regulating development and security levels, as well as otheraspects of blockchain. 

  In summary, though, Wang sees blockchain patentability in China as “nothingspecial”. After all, it uses the same law and methods as elsewhere, she remarked.

  Source: https://www.epo.org/news-issues/news/2019/20190510.html

  -End-

  

  

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原文标题:区块链在中国可以获得专利吗?

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