Microsoft's "in-game adverts patent", here’s what the headline didn't tell you

Headlines exist to get you to click, and clicks sell advertising. So there is a certain irony in this week's headline, on Eurogamer and elsewhere, announcing that Microsoft had patented an idea for in-game adverts. There is no patent. And earlier this year, the US Patent Office refused Microsoft's first attempt for precisely the reason the headline gives: it was merely an idea and not an invention.   

The document behind the story is a US patent application, US 2026/0260258 A1. It describes a system that pauses a game at a suitable moment, such as a loading screen, to show "promoted content" in exchange for more play time. An application is only a request for a patent. It gives no rights, and many are never granted.   

It is also older than the coverage suggests. It is a continuation of an application filed in May 2023 and published in November 2024. Everything in this month's coverage has been public for almost two years.   

Microsoft's first attempt was refused on appeal by the Patent Trial and Appeal Board.  The Board rejected the examiner's prior art objections. Where Microsoft lost was on eligibility, because US law does not allow patents on abstract ideas. The Board found the claims automated a familiar marketing practice, citing newspaper coupons and seasonal sales as examples, with no explanation of how the results were technically achieved. One of the three judges disagreed, which shows how fine the line between a business idea and a technical solution can be. The new application rewrites the claims in an attempt to overcome the objection.   

The application covers only the US. Microsoft filed nowhere else, and its own 2024 publication means nothing disclosed in it can now be patented in the UK or Europe. The European patent system is also wary of business methods, which might explain why.   

When a headline says a competitor has "patented" something, check whether a patent has been granted, where it applies, what its claims cover, and whether it is still alive. We have seen businesses shelve products, or decide not to protect their own work, on the strength of misleading headlines like this one.   

Microsoft may yet get a US patent, on narrower claims. If it does, expect another round of headlines about Microsoft "patenting" in-game adverts. We'll be reading the document.   

Headlines like those are written to be read in seconds. Patent documents aren't, but the facts that matter most are often on the front page. If patent news affects your business and you'd like a second opinion on what it really means, we're happy to help.

Contact Archer-IP on 0191 499 8 499 or info@archer-ip.co.uk.