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Discussion (91 Comments)Read Original on HackerNews
The USPTO has a strange insistence on granting them even though they aren't legally valid. Therefore, if you have a lot of money, you might file a software patent for one of four reasons:
1) You hope that the US courts might one day change their minds and start enforcing software patents.
2) You hope that you might scare people in to giving you licensing fees even though you know the patent won't be enforced.
3) You want to prevent others from scaring you in to giving them licensing fees.
4) You want to get a patent because it's impressive/looks good on your resume.
I recently learned [0] that the USPTO makes it money from patents, its not government funded. Not only that but checking patents loses them net money while maintenance fees are the real cash cow.
The whole system is similar to the revenue model of a shitty journal that just publishes whatever research as long as the author pays. Except the office doesn't even need to care about their reputation in granting dubious patents because they have legal backing.
[0] It was a comment on hacker news, that I checked.
OpenAI, Anthropic, Google, Meta and X are each valued at a trillion or more. Mistral is valued at $20B, 50x less. Even Deepseek is several times bigger than Mistral.
$20B is certainly not poor, but in the world of AI and overinflated valuations, it almost is.
Btw, OpenAI words, not mine https://news.ycombinator.com/item?id=49232778
Clearly this is an attempt to prevent similar patents from being weaponised against them in the US.
No one cares about such stuff in Europe.
https://en.wikipedia.org/wiki/MP3#Licensing,_ownership,_and_...
Fraunhofer is a research institution. They didn't really do licencing, that's why they never went after anyone.
Then Thomson joined the venture (wouldn't you know it, French!) and the fun with litigation got started
Not trying to protect Frauenhofer there at all, if they didn't smell opportunity they wouldn't have teamed up with Thomson after all... But I think the trend is very clear. Germans are generally a lot worse at the litigation game then the french. Historically that makes sense, but it's definitely surprising that it still holds true in modern times
There are “workflows” that are very similar. Ie I can invoke a Python function that doesn’t exist and the exception gets handed off to an LLM to make it work by making that function exist.
This is functionally similar from what I can gather. Invoke a tool that doesn’t exist, we’ll make it exist for you.
It’ll probably get a patent issued, though, the patent office seems asleep at the wheel in the tech space at least.
Or an Inter Partes Review!
It’s one of those kinds of patents i assume I’m violating every 100 lines of code I write.
Simple, because the patent is less about protecting an invention than doing business in the US.
The US is more hospitable to software patents than Europe. A US patent also gives Mistral something useful when dealing with companies that already hold large patent portfolios: defensive leverage, cross-licensing, and one more asset on the books to make it attractive to investors.
There's a certain absurdity to it, and the French have a history with absurd. A French open-weights company crosses the Atlantic to put a patent around a loop, not because the code is remarkable, but because the American market makes the loop a valuable asset, business-wise.
Patent was applied for 04.03.2026. langgraph-codeact _shipped_ this capability in February.
[0]: https://platform.claude.com/docs/en/agents-and-tools/tool-us...
[1]: https://developers.openai.com/api/docs/guides/tools-programm...
The real problem is patents which are trivial and/broad being granted.
I only have a rudimentary understanding of how neural networks work, but I wonder if rather than “understanding” what “novel” really means to humans, an LLM would be most likely to agree that something was novel based on having seen that specifically referred to as novel in its training data.
So that if you give it an example of something that already exists, but which was very recently invented at the point in time when the LLM was trained, and you ask “is this a novel idea?” that because it had several sources in its training data describing that idea as novel, it would say “yes that’s a novel idea”. Whereas what we really meant was to ask it if someone else had already thought of this thing prior to us right now in this later moment.
And then on the other hand, even if something was “novel” at the point in time when the LLM was trained, perhaps we would fare better to ask it “has anyone thought of this?” rather than asking if the idea is “novel”? And that even though it considers the idea novel in a way it would also be able to say that yes this has already been thought of.
[0] https://github.com/huggingface/smolagents
Another step (although governance would need to be super good for this). Would be for this charity to withold access to these patents from companies that decide to abuse stupid patents.
For example, I would publish the idea of a "self-driving car" that can drive without or with minimal human supervision using a computer. I believe this is pretty novel and can be called an invention.
Also I hope this patent is valid only in US and cannot be enforced in China.
The patent office rarely care about it, they register whatever you want, and then lawyers of companies can sue you for using it without permission. Of course you can fight it in court and affirm it's prior art, if you have enough money to pay your lawyer, and do you have more money than OpenAI, Meta, Google? Probably not, so they will just shut you down, that is the sole reason for patents to exist, to preserve monopoly of big multinational companies.
And nowadays that patents are probably written and submitted not even by human but by AI, what stops a big tech with enough money for using a model to generate millions of trivial patent, submit them, and get them approved, for then another AI to search for their usage and sue you for using it?
So we are just vibe patenting rubbish and rebranding it with AI?
"Patenting rubbish" is a description of pretty much all software patents since forever.
In particular it's the server telling the client to execute arbitrary code in response to a request from the client.
Once worked at a startup with a legendary dumbass who would tell anyone who listened about their patent for URL routing in javascript. Please don't hurt yourself rolling your eyes
Edit: downvote if you want, but here's another example: "Companies selling artificial intelligence models in Europe should pay a "levy" to support cultural industries, the head of French developer Mistral said on Friday, March 20." https://www.lemonde.fr/en/international/article/2026/03/20/m...
Somehow I doubt that will happen.
It reminds me of those taxes on CD-R disks to support "Art associations" that were proposed before.
Voices like this are useful to spark a debate on AI basically taking content owned by other people and selling it, but no one will agree to implement anything like what is proposed.
> It reminds me of those taxes on CD-R disks to support "Art associations" that were proposed before.
I find it funny when citizens of a country say things like this. Are you unaware that the Polish government brought in the same tax, 1-3%, on smartphones, laptops, desktop computers and SD cards from November this year? https://tvn24.pl/biznes/tech/nowa-oplata-od-smartfonow-table...
They're not just proposed, they are implemented in a lot of countries and France actually has the highest CD tax in the EU (and probably in the world but I haven't checked)
What is the point?