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How does that work exactly? You can't retroactively sue someone over a patent before it was granted... in fact, once you realize the mechanic was already out there, and patent shouldn't be granted at all.
They're just so used to pissing all over everything that they don't realize when they're pissing in the wind and getting it all over their reputation.
I assume that's why there's a 95% rejection rate, they're just fumbling to find any mechanics that haven't already been used in other games.
And even then, the US patent office often will grant unenforceable patents, that then explode in the patent holder's faces the first time they try to use them.
The granted one in this case is about "the process of aiming and capturing characters", which they either had to make so specific as to not apply to anybody else, or general enough that there are piles of prior art out there.
It would take time in the court for people to figure that out and they would use ill-granted patents like a hammer.
Indie: Release a new game with unique catching mechanic
Nintendo: "REEEEEE! We have valid patent, so give us all of your profit, assets plus penalty or we will sue you to make you die poor like that one Gary Bowser over there."
Indie: "WTF?"
Even if Indie developers try to fight in court, they'll spend multiple years, hundred of thousands of dollars in legal fees and on top of that, because Nintendo have a patent that was stupidly granted by patent office, they can argue on a ground that their lawsuit is not frivolous.
Valve almost died as a company, because of those sort of people before if you watched their documentary, they only won, because the mega-corporation emailed about destroying the evidence.
In Japan, the patents they filed for were "extensions" of existing older patents. The new patents "updated" the old patents and could be used as if they filed when the original patent was. So they were able to file patents after Palworld came out, and then sue as if the patents existed before Palworld. Seems like bullshit to me, but I'm not a lawyer.
I don't know if a similar mechanic can be used in the US patent system or not.
They should force Gamefreak to make a better Pokemon game. That would teach Pal World a lesson.
Good god they're such fucking losers.
Are you trying to make everyone hate you, Nintendo? Give it up already.
Fuck Nintendo.
I would love to learn why this isn't completely stupid, if anyone has a way of explaining. We'd be down entire genres of games if developers didn't copy each other's homework.
Nintendo is attempting to bully other game developers. They can't enforce this patent in the US, but they can wave the patent and a cease and desist letter menacingly at their competitors. Thing is, it's generating bad will against Nintendo and the first time a company calls Nintendo on their shit, Nintendo is gunna lose. The patent is either so specific it won't apply to another game or its broader and there is a mountain of prior art.
From my reading, it's the latter. The patent seems to try to monopolize the idea of throwing an object to catch a monster. Which has been done so, so many times before.
From my reading, it’s the latter. The patent seems to try to monopolize the idea of throwing an object to catch a monster. Which has been done so, so many times before.
Including but not limited to RL millenia before videogames were even invented.
It is completely stupid. There are mountains worth of prior art that easily negate any patent Nintendo would be granted by this point.
Nintendo is a Japanese company, and the one thing you can rely on Japanese companies doing in recent years is not understanding that Japanese law only applies in Japan. They seem to think that they can apply Japanese law to US citizens or companies that conduct business in the US, so whatever strategy they think they can use will be swatted aside by the US government automatically. We have seen this already when Nintendo tried to sue Galoob Toys and lost.
Well, to be fair when it comes to not understanding that their law doesn't apply world-wide Americans are also right up there in the top ranks.
Suing for patent infringement is the nuclear option. It's a long and expensive legal process that can very much blow up in your face, so companies aren't rushing to do it unless they really want to.
It's not a great system.
I saw this video a while back that explained Nintendo's behaviour and strategy. It's a bit long and not a direct answer to your question but I found it pretty interesting.