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Blockchain Certificates as Non-Patents

Example of a writ petition of a made up company

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Lohith Cyrus
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0% found this document useful (0 votes)
17 views3 pages

Blockchain Certificates as Non-Patents

Example of a writ petition of a made up company

Uploaded by

Lohith Cyrus
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

Writ Petition (Civil) No. 598532 of 2025

In the matter of:

IDEACITY PRIVATE LIMITED


Petitioner
Registered Office: #120, Piekar Street, Koramangla, Bengaluru - 560034

Versus

1. UNION OF INDIA
Ministry of Electronics and Information Technology,
New Delhi
Respondent No. 1

2. THE CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS


Indian Patent Office,
Bengaluru
Respondent No. 2

3. BODY OF AGGRIEVED USERS

Bengaluru

Respondent No. 3

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR


ISSUANCE OF A WRIT, ORDER OR DIRECTION IN THE NATURE OF DECLARATION,
CERTIFICATION, OR ANY OTHER APPROPRIATE RELIEF
To,
The Hon'ble Chief Justice and His Lordship’s Companion Justices of the High Court of
Karnataka at Bengaluru,

The Humble Petition of the Petitioner above-named: IdeaCity Private Limited

MOST RESPECTFULLY SHOWETH:


Introduction and Background
The Petitioner is a company incorporated under the Companies Act, 2013, with its
registered office at Bengaluru engaged in providing a blockchain-based platform for the
certification and exchange of creative ideas.
Patent Filing Process and Legal Context
a. Patent applications undergo an internationally recognized process under the World
Intellectual Property Organization’s ePCT system, which generally takes about 30
months from international filing to initial publication and registration.
b. Thereafter, the national phase in India requires formal patent examination by the
Indian Patent Office in Bengaluru, which takes typically 2 to 5 years for grant or
rejection.
Nature and Limitations of Blockchain Certificates (“IdeaPatents”)
a. The blockchain-based certificates issued by the Petitioner provide immutable, time-
stamped records of idea submissions for transparency and proof of creation date.
b. These certificates do not constitute legally valid patents nor represent transferable
patent rights under Indian or international law.
c. This distinction is explicitly communicated to all platform users in the terms of service.
Reliefs Sought
a. A declaration from this Hon’ble Court that the blockchain certificates issued by the
Petitioner do not amount to legal patents or confer enforceable intellectual property
rights.
b. A direction to recognize that users must pursue formal patent applications
independently to obtain legal protection.
c. Stay on any adverse regulatory or judicial proceedings triggered solely by the
issuance of such certificates.
d. Any further relief deemed appropriate.
Jurisdiction
This Hon’ble Court has jurisdiction under Article 226 of the Constitution to issue writs for
enforcement of rights and to provide declaratory relief in matters concerning intellectual
property and digital platforms registered within its territorial jurisdiction.
Interim Relief
The Petitioner prays for interim protection against coercive measures by authorities
based on alleged patent infringements involving the blockchain certificates.

PRAYER
In light of the above, the Petitioner prays for this Hon’ble Court to:

Issue a writ, order, or direction declaring the blockchain certificates as non patent,
transparency only instruments;
Grant interim relief restraining adverse action pending final disposal;
Pass such further orders as justice requires.

VERIFICATION
I, Abhay Shreeniwas Oka, Advocate , hereby verify that the contents stated herein are
true to my knowledge and belief.

Verified at Bengaluru on this 30th day of March, 2025.

Common questions

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The blockchain-based platform by IdeaCity provides immutable, time-stamped records of idea submissions, serving as proof of the creation date for transparency purposes. However, these blockchain certificates, termed 'IdeaPatents', do not constitute legally valid patents and do not grant transferable patent rights under Indian or international law . Users are explicitly informed through the terms of service that they need to pursue formal patent applications independently to secure legal protection .

IdeaCity Private Limited explicitly communicates that blockchain certificates do not confer legally valid patent rights to prevent any misunderstanding or misrepresentations about their legal value. This transparency is crucial for maintaining trust with their users and ensuring they do not inadvertently mislead users into believing they have obtained intellectual property protection equivalent to formal patents which could subject the company to potential legal liabilities or disputes. Clear communication is also aligned with their legal and ethical obligations to provide accurate service descriptions to users, particularly given the legal complexities surrounding intellectual property rights .

Requesting the court to pass further orders as justice requires is strategically important for IdeaCity Private Limited as it opens the door for comprehensive judicial discretion that can address unforeseen issues beyond the specific declarations sought. This flexibility allows the court to consider the broader implications of the petition and potentially grant additional relief that could benefit the company in ways not explicitly articulated in the initial requests. It reflects a recognition that legal issues around blockchain certification of ideas are evolving and may require nuanced judicial interventions beyond conventional declaratory judgments .

IdeaCity Private Limited aims to use blockchain technology to create immutable, time-stamped records that serve as proof of idea submission dates, thereby enhancing transparency and documentation in intellectual property management. However, gaining judicial acceptance of this approach poses challenges such as overcoming legal perceptions that currently do not recognize blockchain certificates as constituting legal patents or intellectual property rights under existing laws. This requires convincing the judiciary of the reliability, integrity, and utility of blockchain technology in rights protection while emphasizing that such documentation does not replace traditional patent systems but complements them by providing additional non-legal insights into idea chronology and authorship .

The formal patent examination process by the Indian Patent Office entails a thorough review of the patent application to assess the novelty, inventive step, and industrial applicability of the proposed innovation. This process, which can take 2 to 5 years, affects businesses like IdeaCity Private Limited by extending the time it takes to secure patent protection, thereby potentially impacting the speed at which innovations can be commercially exploited. During this period, businesses must manage intellectual property risks and strategically use other mechanisms like blockchain certification to document their claims while awaiting formal acceptance or rejection by the patent office .

IdeaCity Private Limited is seeking a declaration from the High Court of Karnataka stating that its blockchain certificates do not amount to legal patents or confer enforceable intellectual property rights. They also seek a directive recognizing that users must file formal patent applications independently for legal protection. Additionally, they request a stay on any adverse regulatory or judicial proceedings triggered solely by the issuance of these certificates, and interim protection against coercive measures by authorities regarding alleged patent infringements related to the blockchain certificates .

The Petitioner’s request for a stay on adverse regulatory or judicial proceedings implies that IdeaCity Private Limited is seeking to protect itself from any negative legal actions that could arise merely from issuing their blockchain certificates, given these are not legal patents. This would provide temporary relief and legal protection while their application for declaratory judgment is pending, effectively allowing the company to continue its operations without fear of immediate coercive action or penalties from authorities or courts over allegations of patent violations linked solely to their certificates .

Article 226 of the Constitution of India empowers the High Court of Karnataka to issue writs for the enforcement of fundamental rights and to provide declaratory relief. In the context of IdeaCity Private Limited’s petition, this jurisdiction allows the High Court to entertain and decide on the company's request for declarations that its blockchain certificates are not patents. It also enables the High Court to issue orders or directions necessary to protect the company from regulatory actions that may be induced by misunderstandings of the nature of its services .

The World Intellectual Property Organization’s ePCT system impacts the patent filing process by providing an internationally recognized framework for patent applications. This process typically takes about 30 months from international filing to initial publication and registration, affecting the timeline for IdeaCity Private Limited as it standardizes the initial phase of patent processing across participating countries. Following this, the patent application enters the national phase in India, requiring formal examination by the Indian Patent Office, which can take an additional 2 to 5 years for a final decision on grant or rejection .

IdeaCity Private Limited is seeking interim protection against coercive measures by authorities to prevent adverse legal actions that might be initiated based on a misconception that their blockchain certificates represent actual patent rights, which they do not. This interim relief is crucial for maintaining uninterrupted business operations and safeguarding against compliance actions or legal disputes that could arise until a final judicial decision clarifies the status and legal interpretation of these certificates .

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