So, if you have enough money, you can just fire off a shitload of ex-post-facto patents after a competitor releases a prior-art product, sue them, and win using patents that didn't exist when the competitor's product was created????
Might as well just close the whole patent system and leave, there's quite literally no point to obeying it if you can so blatantly steal anything and everything.
There's no point? There is a point: To protect the rich and powerful. The patent system is serving its purpose here as intended by the people who have been making these rules.
That's how it should work, yes, if Nintendo can demonstrate prior art. That's the first-to-invent system.
The US did change to first-to-file some years ago, but from the articles like this coming out, it sounds like they're still granting patents to the first inventor.
It's about proving who was the original creator/user of the IP, instead of who is the first to file to have that IP protected.
The flipside of this would be having random holding companies just mass filing for ownership of everything posted online, said, written-down, or created, in the hopes that they get approved first so they can sue others, even the creators, for using it.
Look at the "very demure, very mindful" woman, Jools Lebron. Someone else (Jefferson Bates) file to trademark the saying because the original creator didn't think to until after it was viral. Because the laws are ultimately about proving who was the creator, and not who filed first in the USA, it's likely that Jools will get ownership, eventually.
One of the gates to getting a patent approved is proving that you are attempting to patent it in a timely manner. You're supposed to file a patent within one year of first public disclosure to prove that you're actively protecting your IP and plan to develop it, and if you don't it's grounds for denial.
Palworld alone has been out over a year now, let alone how long most of the Pokemon stuff Nintendo has been patenting. Nintendo has zero grounds for applying these patents, and the fact that they are able to obtain them just because they have more lawyer money means the patent system is completely pointless and laws don't matter.
The patent application that led to the ‘255 patent was filed in September 2022, more than a year before Palworld’s launch. But Nintendo made amendments to the claims throughout the process, also after Palworld had been launched. Finally, the patent issued this year.
I guess, this is what makes it complicated..
Said that, in my opinion, game design patents are BS, as it it hinders free creativity a lot
God, I wouldn't even play the newer Pokémon games if I pirated them. Imagine being sued because somone thought you copied "Z-A", or whatever dumbass name the newest Pokémon game has. "Your honor, in my defense, my game isn't steaming hot shit, therefore I couldn't have copied Nintendo."
Nintendo and their lawyers can go suck an elephant dick.
From part 8 of the newest doc
the boarding character is selected among a plurality of characters the player character owns in association with providing a second operation input when the player character is in the air, cause the player character to board an air boarding character and bringing the character into a state where the player character can move in the air
and while the player is aboard the air boarding character, move the player character, aboard the air boarding character, in the air based on a third operation input
Plurality of mounts and "second operation when in the air" ain't new, World of Warcraft had that in 2007 with Burning Crusade. I have no clue what "third operation input" means there.
A lot of the other alterations seem to focus on "air boarding character", probably because they realized that you can only change your mount in Palworld manually while on ground or water, which kept glider pals safe, as they were the only ones you could summon while in the air.
Hypothetically, If I were working at pocket pair, I'd put 2M in crypto on the side to support a team of devs to hack the switch two and enable piracy from year one. Fight fire with fire.
Be prepared to grab your pitchforks and torches! We storm against Goliath as dawn!
All jokes aside, would absolutely love it if a bunch of Sintendo "fans" all stormed the courtroom in support of them to give them to hopefully lower their brand reputation. Not just this potential case, but literally every single time they go to court anywhere.