This document discusses data-generating patents, which are patented inventions designed to generate valuable data through their operation or use. It notes potential concerns regarding how these patents can limit disclosure and alter the innovation balance. It proposes analyzing patents based on the foreseeability of the data markets and preemptive effects on data market competition to discern problematic from unproblematic patents. Recommendations to address problematic patents focus on ex post solutions rather than ex ante due to lack of an ideal solution.