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Today I saw this video about a video game called No Man's Sky. They say Hello Games - the creator of No Man's Sky - is possibly using a math formula patented by another company.

This really surprised me.

  • Can you patent a math formula?
  • If so, how complex does it have to be?

Could someone for example patent the formula y = 3x - 5?

FD_bfa
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Kevin
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2 Answers2

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Math formulas are not patentable.

Gottschalk v Benson held that mathematical formula and mere algorithms for computing numbers cannot be patented, nor can claims that are so broad as to preclude all possible uses of such a formula or algorithm.

Alice v CLS bank is the Supreme Court's most recent restatement of this.

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I would imagine that you can't patent a math formula - It strikes me that a formula is a fact and you can't patent a fact.

I don't believe they are talking about the formula in the sense of a pure mathematical formula, rather they are talking about the way its applied - ie as a ranking system (which they argue is based on a mathematical formula). This is a much grayer area, and its patent-ability will vary from jurisdiction to jurisdiction [ again, assuming the case is as portrayed by the dutch company]. The youtube summary appears to be misleading (when compared with the documents in the video)

davidgo
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