this post was submitted on 18 Sep 2024
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[–] RightHandOfIkaros@lemmy.world 20 points 1 month ago* (last edited 1 month ago)

Since this is over patent and not copyright, wouldn't this have to be about patents filed after the year 2003 and before 2024? AFAIK, patents don't get extended and cannot be re-filed, and Pokemon has existed since the 1990s, where a lot of its patents would have been created. Unless for some reason Nintendo delayed filing the patents for more than 5-10 years but I don't know that patents are allowed to have such a time gap between publication and filing or not. Perhaps Japan has different patent laws, their laws notoriously favor businesses so I wouldn't be surprised.

Additionally, at least in the USA, some things like gameplay elements cannot be patented if they are necessary for the genre of the product. For example, a first person camera, guns, shooting, etc. are not elements that can be patented as they are necessary for FPS games in general, but some kind of specific new technology like the way Doom draws its 3D world could be patented.

For a Creature Catcher game like PalWorld, devices (very vague and generic term that legally should not be patentable because it is too generic BTW) to catch, store, and deploy creatures is necessary to the genre. Unless it is specifically code or the same exact way that both PalWorld and PokeMon function, I do not see how Nintendo thinks they can win other than by bankrupting their opposition like usual.

Really hope this one turns out like Lewis Galoob Toys Inc v Nintendo of America, but the Japan version.