#Patentability
Interesting question about patentability if it's discovered by a machine. AI generated content cannot be copyrighted. You shouldn't be able to patent their ideas either.
September 23, 2026 at 8:26 PM
You're telling me Nintendo's amazing invention of just having this happen automatically sometimes or when near a certain landscape asset is novel?? At the very least, it would be arguably obvious to a POSITA (person of ordinary skill in the art), which is another barrier to patentability.
September 10, 2025 at 10:56 PM
Patents are meant to reward ingenuity for new, useful and non-obvious inventions and improvements, but instead, in the game space they are being used to attempt to block ingenuity by granting monopoly periods to game mechanics which arguably do not meet the basic criteria for patentability.
September 10, 2025 at 10:56 PM
Politely disagree. Yes patent infringement analysis requires nuance but this is misinformation. Claim 1 of the 397 patent is an independent claim and, arguably, does not meet several different criteria for patentability. Aka a game mechanic idea patent that shouldn't have been approved.
So apparently all that talk about the Pokémon Company putting a patent in for summoning monsters was almost entirely bogus.

Yes, they did put a patent in place based around capturing and summoning monsters but it only covers direct copy or plagiarism of Pokémon's structure/combat and the code.
September 16, 2025 at 6:59 PM
Not only that, it's not NEW, a requirement for patentability that used to matter but seemingly doesn't with games for some reason. Nintendo itself lists Icarus Online, a game from 13 YEARS AGO, that has mount switching mechanics, as a other publication reference. I grabbed a clip below for reference
September 10, 2025 at 10:56 PM
Patentability might be the worst reason for arbitrary design changes outside predatory user manipulation
November 19, 2025 at 10:51 AM
These inventions are not merely ideas! They contain sufficient inventive subject matter to confer patentability!
April 10, 2025 at 10:53 PM
Mathematical operations should be far enough away from the scope of patentability to be able to see the curvature of the horizon.
February 23, 2026 at 8:20 AM
The funny thing about this is that it all started because some YLJ editor wrote a blog post saying that scholarship should satisfy the standard for patentability and everyone just accepted it as if that were a valid description of scholarly inquiry.
March 2, 2025 at 2:16 PM
I'm not saying revoking strict patentability criteria is bad for your odds of winning the World Cup, and mandating drug price transparency is good for them. But I'm not *not* saying it.
July 20, 2026 at 7:51 AM
his statement about patentability doesn’t make sense. Sure, you cannot patent “peptide comprising [insert natural peptide here]” but there’s plenty of room for peptide compositions, drug compositions, and methods. You just have to specify the claims appropriately
December 26, 2025 at 8:05 PM
For Office, the move from menus to the ribbon was for patentability and as a differentiator against OpenOffice. Those aren’t good reasons, but at least I can understand them on some level.
November 19, 2025 at 10:50 AM
📢New publication "3D bioprinting innovation and the patentability hurdle" by Dr Pratap Devarapalli, Dianne Nicol and Jane Nielsen ‪
@coeplantsuccess.bsky.social @arccoesb.bsky.social @utas.edu.au
May 22, 2025 at 1:37 AM
How are patent examiners in the US, Europe and Australia interpreting and applying the patentability criteria to specific subject matter related to 3D bioprinting technologies? go.nature.com/4dsBr9i
rdcu.be/eod0K
3D bioprinting innovation and the patentability hurdle - Nature Biotechnology
How are patent examiners in the United States, Europe and Australia interpreting and applying the patentability criteria to specific subject matter related to 3D bioprinting technologies?
go.nature.com
May 28, 2025 at 3:52 PM
Exactly - it’s not an obviousness/enablement issue, it’s a patentability issue since it’s naturally occurring
October 25, 2024 at 12:24 PM
A granted U.S. patent that does not in fact meet the statutory requirements for patentability of a claimed invention under 35 U.S.C. §§ 101, 102, 103, and 112, would likely be invalidated if challenged in an appropriate tribunal, but goes unchallenged due to high cost & procedural hurdles
December 2, 2025 at 11:15 PM
Argentina has revoked key pharmaceutical patentability guidelines, a roll-back that could create and extend more monopolies, and, ultimately, delay or deny people’s access to affordable healthcare.
healthpolicy-watch.news/argentina-ha...
Argentina Has Revoked Key Patentability Guidelines, Threatening Citizens' Access To Affordable Medicine  - Health Policy Watch
Argentina took a step backwards last month when it revoked key guidelines that defined what could – and could not – be patented in its pharmaceutical sector.
healthpolicy-watch.news
April 7, 2026 at 7:07 PM
Sadly work-related, but was super excited to be able to report a positive patentability opinion on a client's international patent application. (Yeah, this is niche.)
December 6, 2024 at 8:47 AM
Today in design patents:

D1084185 issued for a golf training apparatus. Also known as a box with two sides cut off, but to each their own.

I jest, but titles are important to patentability.

#DesignPatents
July 15, 2025 at 3:47 PM
Worth noting this also probably applies to patentability.

If you want to troll VC, get yourself a reasoning machine and have it describe inventions on the Internet. Generate prior art that can never be patented.

Salt the earth where they grow this poison plant.

Ahem.

Got a bit carried away.
The US Copyright Office has declared that generative AI art and text generated by prompts cannot be copyright protected.

(Read more: The Verge)
January 30, 2025 at 7:19 PM
UK Supreme Court Issues Milestone Judgment for AI and Software Patentability
L: https://ipwatchdog.com/2026/02/11/uk-supreme-court-issues-milestone-judgment-ai-software-patentability/
C: https://news.ycombinator.com/item?id=46986260
posted on 2026.02.12 at 03:37:35 (c=0, p=4)
February 12, 2026 at 9:45 AM
We fought to the end of the process but we lost.

No assessment, no monitoring, no traceability, no labelling, and full patentability for new genomic techniques was approved today.

www.greens-efa.eu/en/article/p...
From lab to fork without anyone’s knowledge
The European Parliament has given the green light to a new generation of GMOs. These plants are developed through new genomic techniques (NGTs) and are genetically modified without introducing DNA fro...
www.greens-efa.eu
June 17, 2026 at 12:51 PM
My article, Relative and Absolute Patentability, with Mark Janis (Indiana Maurer) is out in the Wake Forest Law Review. We create two patentability categories, discuss reforms, and propose that USPTO only review relative doctrines ex parte. www.wakeforestlawreview.com/wp-content/u...
www.wakeforestlawreview.com
October 2, 2024 at 4:19 PM