The USPTO has received a petition from Ethereum Name Service (ENS) challenging a blockchain naming patent owned by Unstoppable Domains (UD) in the US.
A set of social media posts by ENS claimed that UD had been granted a patent for an open-source technology created by ENS Labs. The business has now formally filed a petition to contest the patent’s validity.
ENS Update 🧵: In 2023 Unstoppable Domains (UD) obtained a patent for technology ENS Labs developed as open-source. Today, we petitioned USPTO to challenge the validity of that patent, and to ensure the web remains a collaborative space. Here's why and what’s at stake. pic.twitter.com/Qxls0kkP6G
— ens.eth (@ensdomains) May 2, 2024
ENS Accuses UD of “Theft”
“Resolving Blockchain Domains” was the registered patent name of UD, as mentioned in the posts. ENS claimed that by “directly leveraging our open-source innovations,” UD had patented its technology.
“This isn’t flattery — it’s theft,” the posts read. “We have to fight this to ensure that ENS remains unrestricted for all.”
The posts said that Unstoppable Domains’ patent application acknowledged their contributions. The company pointed out that prior art, which included work done by people other than ENS, was cited in the USPTO’s initial rejection of the patent.
“ENS thrives on decentralization and public benefit, features we believe the UD patent threatens to distort or destroy,” the posts read. “Our legal position is rooted in our belief that core web functions must stay free for all, not fenced by patents.”
The post stated that although UD had received letters from the company addressing the matter, the university had declined to comply.
“We gave UD every opportunity to avoid this battle: UD refused to open source the patent and refused to make any irrevocable pledges not to use the patent to the detriment of the community,” said ENS.
UD’s Other Patent Filings
According to the posts, UD’s patent pursuit marked a substantial break from the open internet and web3 community’s shared values. They expressed worry that the fundamental ideals of openness and accessibility for the public were being violated by this shift toward privatization.
ENS claims that UD has also filed applications to assert its invention of additional fundamental technologies.
“The community should know that this patent is not unique. Behind the scenes, UD filed for at least 9 other patents, for basic tech like accessing data on a blockchain, cross chain app access, and data resolution using domains,” said ENS.