Bitcoin NFTs raise unique legal issues in intellectual property law

In this post:

  • Bitcoin NFTs introduce unique legal implications and patent eligibility challenges compared to NFTs on other blockchains.
  • Differences in the minting and transfer processes of Bitcoin NFTs raise concerns regarding intellectual property protection and the potential for design-around by infringers.
  • To address these challenges, patent applicants should include descriptions of Bitcoin NFTs and smart-contract platform NFTs in their applications, emphasizing their technical advantages and characteristics of Bitcoin NFTs to strengthen patent claims.

Non-fungible tokens (NFTs) have recently gained immense popularity, primarily on smart-contract platforms like Ethereum and Solana. However, the emergence of Bitcoin NFTs brings unique legal challenges and raises intriguing questions about intellectual property laws. This article delves into the distinctive characteristics of Bitcoin NFTs and their legal ramifications, shedding light on patent eligibility, differences from smart-contract NFTs, and the evolving regulatory landscape.

Understanding Bitcoin NFTs

Bitcoin NFTs, also known as Ordinals, are created differently compared to NFTs on other blockchains. Users can inscribe Ordinals into the Bitcoin blockchain by including a digital artifact in the witness data section of a transaction. The STAMPS protocol offers an alternative method to mint NFTs, storing digital artifacts within the Unspent Transaction Output (UTXO) portion of the transaction.

The structure of NFTs on the Bitcoin blockchain is different from other types of NFTs. While other NFTs usually have a unique token identifier and accompanying properties like a name and link to a digital image, an Ordinal doesn’t require a unique token identifier or token to be created. Instead, the digital asset is inscribed with an existing Satoshi.

The distinct creation process and immutability of the Bitcoin blockchain pose interesting legal implications.

Legal considerations surrounding Bitcoin NFTs

Bitcoin NFTs present patent eligibility challenges, particularly regarding applications related to NFTs. Patent claims that describe NFTs solely as they exist on smart-contract platforms may be susceptible to design-around by potential infringers. By minting NFTs on the Bitcoin blockchain instead of Ethereum or other platforms, potential infringers may argue that their digital artifacts do not meet the criteria of NFTs under intellectual property laws.

Additionally, Bitcoin NFTs lack off-chain metadata typically associated with NFTs on other blockchains, as the digital artifact is directly inscribed into the transaction’s witness data section or UTXO portion in the case of the STAMPS protocol.

It’s crucial to mention Bitcoin NFTs and smart contract platform NFTs in the patent description. One way to do this is by defining NFTs as any digital artifact stored or referenced by a blockchain, regardless of whether it’s linked to a token or a unique token identifier.

NFT regulations and the evolving legal landscape

The regulatory landscape for NFTs is still evolving worldwide, with most jurisdictions lacking specific guidance on NFTs within existing crypto asset regulations. However, countries have begun implementing or publishing initial plans and frameworks to regulate NFTs and their trading platforms. The cross-border nature of NFT trade raises questions about applicable laws and regulations, while the unregulated environment of NFT marketplaces increases the risk of fraud.

In the United States, NFTs are not currently subject to specific regulations. However, the National Cryptocurrency Enforcement Team and the recently enacted Infrastructure Investment and Jobs Act demonstrate the government’s efforts to address the growing impact of cryptocurrency and digital assets. Meanwhile, the European Union is developing the Markets in Crypto-Assets Regulation (MiCA), which is expected to provide a consistent approach to digital representation of value or rights. Although NFT issuers may be exempt from certain licensing obligations under MiCA, they will still need to comply with other requirements.


Bitcoin NFTs bring a fresh dimension to the world of non-fungible tokens with their distinctive creation process and legal implications. Understanding the nuances between Bitcoin NFTs and smart-contract NFTs is crucial for creators, investors, and buyers to navigate the legal landscape effectively. As regulations continue to evolve, NFT creators and their legal teams need to stay informed and ensure proper protection of intellectual property rights and compliance with emerging regulatory frameworks.

***The contents of this article were inspired by a recent report by Forkast

Disclaimer. The information provided is not trading advice. Cryptopolitan.com holds no liability for any investments made based on the information provided on this page. We strongly recommend independent research and/or consultation with a qualified professional before making any investment decisions.

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