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Pocketpair reveals specific patents featured in Nintendo's lawsuit against Palworld
(www.gamedeveloper.com)
this post was submitted on 11 Nov 2024
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You should not patent algorithms as it's a "discovery" not an invention.
There are 2 main category in software patents that mimics real life production, that I think is fairly acceptable.
The throwing ball to capture creature I think is more copyright than patent.
I think software patents should really only apply to extremely tricky algorithmic "discoveries" (which I would consider inventions, as someone that's written a SHA256 implementation from reference material, nobody is "just coming up with that").
"Ingenuity patents" like that loading screen game are everything that's wrong with software patents. It's not all that crazy of an idea to add a game while waiting to play the main game. There's no radical research required there, just an idea.
I don't think vague ideas like "a game in a loading screen" are sufficiently creative to warrant a patent.
Algorithmic patents amount to patenting maths which, by very longstanding precedence, is not a thing, for good reason. Same goes for business methods and other stuff.
In the EU there's only one way to patent software and that's if you're using it to achieve direct physical ends. E.g. you can patent washing machine firmware in so far as you patent a particular way to combine sensor data to achieve a particular washing result. Rule of thumb: If, 30 years ago, you'd have an electromechanical mechanism to do the task then you can patent the software that's now replacing it.
Oh: It's also possible to patent silicon, that is, you can patent your hardware acceleration methods for video decoding. That doesn't extend to decoders running on general-purpose hardware, though.
If you want to monopolise your brand-new hash algorithm there's a simple way: Don't publish the source, use copyright to collect royalties... though that doesn't mean that reverse engineering is outlawed, especially if necessary for interoperability. Practically speaking nope hash algorithms just can't be protected which is fair and square because it's academia who comes up with that kind of stuff and we paid for it with taxpayer money. Want to make money off it? Get tenure.
The problem is a hash algorithm is exactly the sort of thing that copyright would be horrible at protecting. The source code is hardly relevant at all, it's the operations that matter.
A big part of patents is to allow private sector research to occur. RCA failed and maybe patents should just fail too.