In the US, yes. In Japan, it would appear such a concept does not exist.
Comment on Uh Oh: Nintendo Just Landed A ‘Summoning’ And ‘Battling’ Patent
very_well_lost@lemmy.world 22 hours ago
Shouldn’t it be trivially easy to demonstrate “prior art” in this case, making the patent invalid? I guess that requires someone to get into a legal battle with Nintendo… but it’s not like this is some niche mechanic. Surely there are other entertainment megacorps who are currently in violation of this “patent” and do have the resources to fight it in court.
MrGabr@ttrpg.network 21 hours ago
zod000@lemmy.dbzer0.com 20 hours ago
They were granted the patent in the US in this case.
MrGabr@ttrpg.network 19 hours ago
Indeed. The sources I’ve read seem to lay blame with games not usually patenting mechanics (which apparently is all patent officers look at for prior art, not other games), meaning it needs active challenging to be thrown out.
PocketPair is based in Japan, which is where the previous, more directly problematic patents have been filed mid-litigation. While there is clearly prior art for the US patent, it isn’t quite as comically broad as the Japan ones, and since Japan doesn’t seem to care about prior art, those remain the most concerning to me.
Arcka@midwest.social 5 hours ago
The patent office has long said they’re unable to attract and retain the expertise needed to evaluate novelty in any given field, and so the courts are left to sort it out.
I wonder how could a government agency not have the funding it needs? /s
Battle_Masker@lemmy.blahaj.zone 21 hours ago
My first instinct is Activision. They got Hearthstone, World of Warcraft, Skylanders, and to a lesser extent Sekiro
very_well_lost@lemmy.world 20 hours ago
Yeah, Activision was my first thought as well.
Goodlucksil@lemmy.dbzer0.com 21 hours ago
They’ll ask Nintendo for use and they’ll pay for it
moody@lemmings.world 20 hours ago
Patent laws in Japan don’t work the same way as they do in most of the world. And they can only enforce their patent on companies operating in Japan.
The whole Palworld situation was based on patents that Nintendo only applied for after Palworld was already released.
beetus@lemmy.world 18 hours ago
This patent was granted in the US.