My understanding is that patents are to protect novel new ideas. If something’s already bean described in fiction, what innovation is protected by the patent?
The implementation in the real world. Fiction does not tend to go into how these machines work beyond that which is needed for the narrative. You won’t get enough information from such a book or TV show to be able to build something similar yourself, which is usually what you need for a patent.
I’m not saying that devices described by fiction are patentable based on the description in the fiction. But, those descriptions could be used to prove that the ‘invention’ is too obvious to be patentable. Page 7 of this document from the USPTO going over what ‘prior art’ is suggests that fiction can be used as prior art.
The implementation in the real world. Fiction does not tend to go into how these machines work beyond that which is needed for the narrative. You won’t get enough information from such a book or TV show to be able to build something similar yourself, which is usually what you need for a patent.
I’m not saying that devices described by fiction are patentable based on the description in the fiction. But, those descriptions could be used to prove that the ‘invention’ is too obvious to be patentable. Page 7 of this document from the USPTO going over what ‘prior art’ is suggests that fiction can be used as prior art.