2w ago

Nintendo reportedly gets even more obnoxious about patent law by taking a 'mods aren't real games' stance against a Dark Souls 3 mod that could invalidate its Palworld lawsuit

www.pcgamer.com

Games @lemmy.world

inclementimmigrant @lemmy.world

2w ago

Nintendo reportedly gets even more obnoxious about patent law by taking a 'mods aren't real games' stance against a Dark Souls 3 mod that could invalidate its Palworld lawsuit

www.pcgamer.com /games/survival-crafting/nintendo-reportedly-gets-even-more-obnoxious-about-patent-law-by-taking-a-mods-arent-real-games-stance-against-a-dark-souls-3-mod-that-could-invalidate-its-palworld-lawsuit/

9 comments

So create a game that does nothing but move around.
Create a mod that duplicates Pokémon exactly.
Mods aren’t real games. Are you gonna sue?
If mods aren't games, then gravity doesn't work on Fridays. Dumb arbitrary restrictions being pulled out of nowhere.
So Dota is not a game?
- Which one ...? Dota, dota all stars or dota 2.
  Two of those are mods and one isn't... Lol
Free legal advise to Nintendo:
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
https://www.uspto.gov/web/offices/pac/mpep/s2141.html
- US patent law doesn’t apply to Japan, where this case is ongoing
  
  They have applied for and received Patents in the US recently that pertain to their case against pocketpair
  Nintendo obtained yet another just last week, it seems, as reported by Games Fray – and one yesterday. The new US patents include one related to a "smooth switching of riding objects" mechanism, and another that's far more concerning, as it could change the way that non-Pokemon creature collectors work forever: a patent covering the summoning of a "character" (in Palworld's case, that would be a Pal) and using it in combat against others.<
  https://www.gamesradar.com/games/survival/as-the-palworld-lawsuit-rumbles-on-nintendo-claims-two-new-patents-that-could-change-the-way-non-pokemon-creature-collectors-work-for-good/
  
  True, thanks. WIPO has made sure differences between national patent laws, if any, are minor.
  What the Law requires for an inventive step?
  a patent shall not be granted for an invention where a person ordinarily skilled in the art could have been easily make the invention based on the prior art at the time of filing. Thus, the law requires that a patentable invention should involve such an inventive step that the skilled person could not have made the invention based on the prior art at the time of filing.
  https://www.jpaa.or.jp/en/ip-information/patent-others/

9 comments