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ARTICLE · 15 FEBRUARY 2024

Crypto Can Benefit From Patents Without Losing Its Open Source Ethos

Marshall, Gerstein & Borun LLP
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ENS' feud last year with Unstoppable Domains has brought to light the prevailing skepticism many open source developers harbor toward the patent system.

United StatesIntellectual Property
Cameron B. Pick
Cameron B. Pick
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ENS' feud last year with Unstoppable Domains has brought to light the prevailing skepticism many open source developers harbor toward the patent system.

While concerns over the potential misuse of patents are valid, the decision by organizations in the crypto space to abstain from the patent system altogether might inadvertently limit the advantages available for safeguarding their innovations.

Unstoppable Domains (UD) was awarded a patent on "Resolving Blockchain Domains" at the end of 2023. This irritated the lead developer of its largest competitor, ENS. In an open letter, ENS's Nick Johnson argued that UD's patent is "based entirely on innovations that ENS developed and contains no novel innovations of its own." He criticized UD for pursuing patents, even after they stated support for open innovation. While Johnson recognized that UD then did pledge its patent to the Web3 Domain Alliance, he expressed skepticism about the pledge being legally binding.

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