this post was submitted on 21 Sep 2024
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[–] KoboldCoterie@pawb.social 179 points 1 month ago (5 children)

This patent was first submitted in late July 2024 and granted the following month, after Nintendo and The Pokemon Company asked for an accelerated review process.

What the fuck - so, they're claiming infringement on a work that was released before they ever submitted their patent? How is that allowed? Are you telling me a company can wait until another company releases a similar product, then apply for a patent for something they used, then claim infringement? I knew patents were fucked, but I didn't realize they were that fucked.

[–] EddoWagt@feddit.nl 120 points 1 month ago

How is that allowed?

Well it's not, you aren't supposed to be able to get a patent for something that already exists. But you know, corruption

[–] irish_link@lemmy.world 70 points 1 month ago (2 children)

It’s not. In fact you know how this kind of patent gets invalidated, by pointing out what’s know as prior art. Things that did “this” before that patent was filed. So Palworlds and any other game that involves capturing a creature. This “killer patent” won’t stand up in Court unless the Japanese Court is entirely different than the US and German Courts.

[–] sunzu2@thebrainbin.org 37 points 1 month ago

JP courts are corpo jokes and their IP laws are even big clown shoe than US.

I take extra pleasure pirating JP product, fuck the corporate trash

The request for an expedited review of patent number 7545191 also facilitated the approval of three other patents from Nintendo and The Pokemon Company (7528390, 7493117 and 7505854). Kurihara noted that amending an existing patent for specific litigation purposes is an established industry practice, and possibly what happened in this particular case.

This does not make sense to me.

[–] ripcord@lemmy.world 28 points 1 month ago

Not in tbe US it's not.

An existing implementation would be prior art and make it EXTREMELY easy to get the patent invalidated.

[–] Die4Ever@programming.dev 21 points 1 month ago

yea that sounds nasty

just don't patent anything, other companies build a product around an unpatented idea, then you patent it and sue them? now their entire product is ruined??

this makes no sense, that would mean the optimal play is to not patent anything until someone else starts doing it

[–] recursive_recursion@programming.dev 86 points 1 month ago (3 children)

Nintendo's stagnated and has become a patent troll

as someone that used to be a fan I'm sad as it's hard to be hyped for any of their games when they're widely known for pulling these kinds of scummy tactics time and time again

indies be dammed, it's too much of a risk to make Nintendo-inspired games let alone direct fan-games

[–] Even_Adder@lemmy.dbzer0.com 44 points 1 month ago (1 children)

Nintendo has always been an underhanded bully. This isn't new.

[–] Valmond@lemmy.world 12 points 1 month ago (1 children)

Ya their patent crap precedes year 2000

[–] Kichae@lemmy.ca 2 points 1 month ago

And is just an extension to their licensing nonsense and publishing deals thst came beforex

Anyone surprised by any of this doesn't care about Nintendo's behaviour, just the impact the current move is having on their current fun.

[–] Shiggles@sh.itjust.works 25 points 1 month ago

It’s a shame you can’t support nintendo’s developers while excluding their legal department. Oh well, the high seas mean I still get to enjoy what I want to

[–] SomeGuy69@lemmy.world 6 points 1 month ago

People can't even make a mod that requires the base game to work.

[–] bitwolf@lemmy.one 56 points 1 month ago (1 children)

Rooting for Palworld devs, I can think of several examples of prior art.

[–] towerful@programming.dev 50 points 1 month ago (4 children)

Worth reading the article, but for the TL:drs and comment readers:

  • A patent attorney has narrowed down the list of potential candidates that could be central to Nintendo's lawsuit against Palworld developer Pocketpair to 28 patents.
  • Out of those, one particular intellectual property describing creature-capture mechanics was labeled as a "killer patent" that would be difficult not to infringe when making a game with monster-taming elements.
  • The said property is part of a recently approved patent family consisting of three more patents, all of which were approved mere weeks before Nintendo and The Pokemon Company sued Pocketpair.
[–] mnemonicmonkeys@sh.itjust.works 30 points 1 month ago (1 children)

If this is really Nintendo's strategy, they're going to be hosed, even in Japanese courts. Pokemon isn't even the first game with these mechanics, Dragon Quest (a Square Enix property) and Shin Megami Tensei (an Atlas property) had the mechanic and came out before Pokemon, plus the original Pokemon released over 20 yeares ago.

[–] NotMyOldRedditName@lemmy.world 11 points 1 month ago (1 children)

Don't we tame and capture Yoshi? Heh

[–] Petter1@lemm.ee 4 points 1 month ago (2 children)

By throwing an item at it? Patents are very specific

[–] ILikeBoobies@lemmy.ca 2 points 1 month ago (1 children)

aiming a capture item at a character and releasing it using two inputs, an analog stick and a button press

[–] Petter1@lemm.ee 1 points 1 month ago (1 children)

Where do you catch a Yoshi using an item?

[–] ILikeBoobies@lemmy.ca 1 points 1 month ago (1 children)

I was just telling you what the patent was

[–] Petter1@lemm.ee 1 points 1 month ago

I know the patent, that was why I asked this way up there

[–] mnemonicmonkeys@sh.itjust.works 1 points 1 month ago* (last edited 1 month ago) (1 children)

Patents are very specific

You'd be surprised at some of the gargage that sneaks past the patents office

[–] Petter1@lemm.ee 1 points 1 month ago

Well, I can’t be surprised about a fact I already know, I guess

[–] Kolanaki@yiffit.net 12 points 1 month ago* (last edited 1 month ago)

If they only were awarded the patents recently, could they even still be used to site patent infringement on a game that was made and released well before Nintendo/Pokemon Co. got the patent(s)? I could have sworn these were NOT retroactive...

[–] ILikeBoobies@lemmy.ca 10 points 1 month ago

The riding mounts system seems like the funnier patent

[–] Juice@midwest.social 37 points 1 month ago* (last edited 1 month ago) (1 children)

I just filed a patent for white rice so now all you rice eaters owe me $20

I don't care if that isn't how IP law works, should a thought about that before eating all that rice ya dingus

[–] Caligvla@lemmy.dbzer0.com 19 points 1 month ago (1 children)

Patent the Japanese government and then proceed to overthrow it in a lawsuit.

[–] Juice@midwest.social 8 points 1 month ago

I'm gonna patent the doohickey and sue the guy who shot Shinzo Abe

[–] Stern@lemmy.world 35 points 1 month ago (1 children)

Does JP patent law not allow for prior art?

[–] NegativeInf@lemmy.world 28 points 1 month ago (1 children)
[–] Caesium@lemmy.world 21 points 1 month ago (2 children)

JP law is fucked. I heard you could get sued for leaving a bad review at a restaurant

[–] Anivia@feddit.org 11 points 1 month ago (1 children)

Japan is also one of the few countries where you aren't assumed to be innocent until proven guilty. If you get arrested for a crime you have tl prove your innocence, which is why Japan has a conviction rate of over 99%

that's pretty fucked if true

[–] ILikeBoobies@lemmy.ca 3 points 1 month ago

Libel includes factual statements there

[–] Zahille7@lemmy.world 13 points 1 month ago (2 children)

So first we can't even get (unpaid) mods in other games that add/include Nintendo things in them, now Nintendo is just flexing their stupid balls at everything they can?

Fuck this goddamn world, dude. This timeline fucking sucks.

[–] ms_lane@lemmy.world 2 points 1 month ago

Nintendo not getting another cent out of me.

[–] sumguyonline@lemmy.world 0 points 1 month ago

Keep watching. Everything unfortunately was chosen this way. The ruling class is experiencing their first real doses of reality. It won't be over night changes, but it only gets worse for the ruling class from here. Sic semper tyrannis.

[–] JoMiran@lemmy.ml 7 points 1 month ago

Nintendo...not even pirated.

[–] sumguyonline@lemmy.world 4 points 1 month ago (1 children)

Just stop buying Nintendo. I sure did, last 2 things I bought was used 6ish mo ago, and now I'm out for good. Never looking back. Nintendo's boat is sunk. It's going to be monumentus when Nintendo is crushed. They earned what happens next.

[–] niisyth@lemmy.ca 4 points 1 month ago (1 children)

Look, I hate the Nintendo tax and legal bullying too.

But having the second best selling system, up there with the PS2, I doubt they're sunk anytime soon.

[–] Belgdore@lemm.ee 3 points 1 month ago

And owning multiple of the largest game franchises including Pokemon which is larger than any other media franchise.

[–] luciole@beehaw.org 4 points 1 month ago

Ugh, the suspense... When will we even get to know what the accusations are about? Is this Japan or Kafka's Trial?

[–] ozoned@lemmy.world 3 points 1 month ago

While I don't know Japanese law, and folks are right in US law about prior art, I think everyone is missing the point.

Companies like Nintendo don't have to actually win. They probably created this patent as a throw away to force Pocketpair to waste money fighting it. It costs tons of money to hire an attorney, work through the process, etc. It takes YEARS.

Nintendo probably wants to waste Pocketpair's time and money OR they're trying to get them to just settle and give Nintendo a cut of the profits.

That's how big tech works with tons of patents and how patent trolls keep leeching off society. I have a patent for a button, you have a phone you're making. I say give me 1% of your profit. What's 1% to you? You agree, we don't go to court and the next person that does it I do the same thing, but now I show them how many people agreed and that person is scared and think I have a legit case.

This shit is constantly happening in the background nonstop.

Patent law, copyright law, they are fundamentally broken. But they won't get fixed until something BIG happens.

Nintendo is and always has been a bully. This is just another instance of it.