this post was submitted on 10 Nov 2024
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Palworld Dev Reveals Patents at the Heart of Nintendo and The Pokémon Company Lawsuit — and How Much Money It’s Being Sued For (www.ign.com)
submitted 1 week ago by nanoUFO@sh.itjust.works to c/games@sh.itjust.works
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[–] Kelly@lemmy.world 21 points 1 week ago* (last edited 1 week ago) (2 children)

Admittedly my understanding of patents is pretty rudimentary but I thought you had to apply before releasing the idea into the world.

If that was right the general concept of a container that you throw at a creature to capture it would be considered unpatentable after Pocket Monsters Red and Green released in February 1997. Of course they could trademark the specific markings of the pokeball but the general mechanic would be fair game.

[–] Takumidesh@lemmy.world 6 points 1 week ago

There is a concept called prior art in patent law. Prior art is information about the invention that exists before filing, it can both help secure a patent as well as prevent someone filing a patent for someone else's existing invention.

[–] PuddleOfKittens@sh.itjust.works 3 points 1 week ago (1 children)

"In a 3D space" rules out Pokemon Red. Still bullshit, though.

[–] Kelly@lemmy.world 5 points 1 week ago (1 children)

I'm not sure "in a 3D space" qualifies as an "inventive step" these days.

It definitely feels like something a person with ordinary skill in the art to which the invention pertains could easily have made on the basis of an invention or inventions that are already known.

[–] PuddleOfKittens@sh.itjust.works 1 points 5 days ago

Oh absolutely, it's asinine. But it does avoid Pokemon Red as prior art.