Bonum Certa Men Certa

Patents Stranger Than Fiction and 'Protection' From Fictional Things

Are patent examiners reading fiction literature (e.g. SciFi novels) in search of prior art now?

Fiction



Summary: Fictional things are being treated like "inventions" and insurance companies now look to exploit fear of fictional things (man-made concepts), such as ownership of mere ideas or words

Fictional things with patents on them aren't so new -- or shall we say "novel" -- a thing. We gave examples of that before and earlier today Patently-O did too, partly joking about references to SciFi novels. To quote Crouch: "I’m looking forward to reading the first office action in this case — pretty cool approach for thinking through how to use a hollowed-out asteroid for a manned interplanetary spaceship. In his IDS, inventor Wayne White includes a set of interesting references — including a citation to the Greg Bear’s 1985 SciFi novel EON that included an alien hollowed-out asteroid."



Is this what USPTO boils down to now? Science fiction as patents? We aren't aware of anything similar to it at the EPO; it would serve to merely discredit the premise that patents exist to support existing innovation (applied work, not mere theory).

Selling insurance for fictional things is what we saw in the US earlier this year (in summer) and commented about. As it turns out, almost like a 'protection' racket (akin to RPX or Microsoft's Azure 'IP' Advantage [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21]), insurance companies now sell "IP insurance policy". Months ago we saw it in the US, now (Sunday night or Monday morning over there) we see it in New Zealand, as per the following new article:

A new policy by Delta Insurance may go some way to offering protection against spiralling litigation costs.

[...]

In an interview, Mr Kirk said cover started at $2500, giving up to $250,000 coverage, and rose to up to $100,000 per policy, which would offer cover of $1 million.

Mr Kirk said excesses could be as low as $5000, but were more typically about $10,000.


So they basically exploit an atmosphere of blackmail to make money. Rather than tackle the blackmail itself. The 'protection' is also fictional in the sense that it 'protects' from fictional things like "intellectual" "property" rather than storms, car accidents, death of a breadwinner and so on. Insurance as a universal tax? Because of things like these man-made problems?

Recent Techrights' Posts

Slopwatch: Blaming the Victims for Microsoft's Failures and Plagiarising Phoronix
That's what Google has been reduced to: slop and slopfarms
Links 22/09/2025: Breaches, Windows TCO, and Arrests
Links for the day
Gemini Links 22/09/2025: Rabbit Hole and DeGoogling Fairphone
Links for the day
Links 22/09/2025: Russian War Planes Invade NATO Airspace While Dihydroxyacetone Man Escalates Attack on Free Speech Because of Critics
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 21, 2025
IRC logs for Sunday, September 21, 2025
Links 21/09/2025: "Hey Hi" (Hype) Under Fire, Fakes Identified; Tesla Burns Family
Links for the day
Google's Software is Malware and Malware in Mobile Devices
Originally posted by Rob Musial
Links 20/09/2025: Hegemony Coming to a Close, Luigi Mangione Ruled Not Terrorist
Links for the day
Gemini Links 21/09/2025: "Charlie Kirk Was a Hateful Piece of Shit" and Slop Code Attempted by Microsofter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 20, 2025
IRC logs for Saturday, September 20, 2025
Gemini Links 20/09/2025: Snowy Photos and utism is a Spectrum
Links for the day
Microsoft-Sponsored Xenophobia and Nationalism
IBM is very similar in this regard
Vintage is Sometimes Better
Why can't we get back to "simple" if (or where) "simple" means better?
Climate Breakdown Means We'll be Publishing More, Not Less
Press freedom will be a common, recurring theme
Our 5-Year Geminispace Anniversary is Coming Up
I still remember when Gemini Protocol was quite new
It's Right to Point Out Violence From the Right
Violence is a recurring theme
Tentative Summary of Things to Publish in Project 2030
I'll still be in my forties by then
Web Browsers That "Do Hey Hi" (AI)
State-of-the-art plagiarism or "autocomplete on steroids" (not coined by us, nevertheless a nice description) don't have much/any prospect
Links 20/09/2025: Hardware Projects in View, Some Independent Publishers About Russia Prosper After Cheeto Cuts Funding
Links for the day
Gemini Links 20/09/2025: Options and TV Time Machine
Links for the day
Links 20/09/2025: Retrocomputer, Antique Phone Experience, and More
Links for the day
Links 20/09/2025: Internet Shutdowns, Media Censorship, and Climate Worries
Links for the day
About 700 New Gemini Capsules in 13 Months (or 54 Per Month)
4.8K would represent a 20% increase
Rust People: Drain the Swap, You're Holding It Wrong
Does Rust make sense?
Techrights the Name Turns 15
About 6 weeks from now we turn 19
Microsoft is Running Out of Time and Floating Fake Figures, Fake Projects, Fake Narratives, Fake Excuses
Also, a lot of Microsoft's "revenue" claims are circular financing (i.e. Microsoft buying from itself, which means Ponzi-like fraud)
Slopwatch: LinuxSecurity, linuxconfig.org, and Plagiarised Phoronix
Many articles out there are nowadays fake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 19, 2025
IRC logs for Friday, September 19, 2025
Gemini Links 20/09/2025: Navigating the Pressures of Modern Life and SpellBinding Accidentally Wrote Another Gemini Server
Links for the day