That is, at least in the U.S., essentially still the case. However, there's been a significant volume of water that's passed under the policy and lawmaking bridge since then, so I wanted to revisit the question. First, let's back up a little. I have to admit that my reasoning in 2018 was narrow rather than broad. The work – and let's note that it doesn't have to be considered aesthetically "good" or have required a lot of skill – must simply be original (meaning that it was independently created and has at least a "modicum" of creativity) and an expression of some sort.

After a decline in 2015, U.S. patenting activity rose to a record high in 2016. The U.S. Patent and Trademark Office granted 304,126 patents last year, up from 298,407 in 2015. The increase was largely driven by West Coast technology companies, including Amazon, Apple, AT&T, Boeing, IBM, Intel, Google, and Microsoft. According to a 24/7 Wall St. analysis of data provided by Information for Industry (IFI) Claims Patent Services, Korean conglomerate Samsung Electronics was granted the most patents in 2016. Including its major subsidiaries, Samsung was awarded more than 8,500 patents, slightly higher than IBM's 8,088 awarded patents.