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.
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.
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.
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
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.
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.
Removed by mod
This does not make sense to me.
Not in tbe US it’s not.
An existing implementation would be prior art and make it EXTREMELY easy to get the patent invalidated.
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
I found this but found after reading it a bit I didn’t want to put in the effort to understand it lol
https://patentbaristas.com/archives/2013/05/09/the-scope-of-prior-art-by-others-under-aia-and-a-comparison-with-european-and-japanese-patent-law-what-every-scientist-and-corporate-executive-needs-to-know/