> maybe it's one of those things where you "can't" but actually you can
Like how you "can't" patent stuff with prior art but then, somehow, big companies seem to be granted patents for things with plenty of prior art all the time?
Like how you "can't" patent stuff with prior art but then, somehow, big companies seem to be granted patents for things with plenty of prior art all the time?
In this specific case I don't know. I would have to ask.
Which is a big fucking problem, to be honest. I would not want to enter a lawsuit with Nintendo to try to convince a judge that the patent I'm clearly violating is invalid.
If I was making a game with capture/summon mechanics and got a call from Nintendo, I would probably take capture/summon mechanics out of my game if their lawyers were threatening enough. That's the value in unenforceable patents.
> If I was making a game with capture/summon mechanics and got a call from Nintendo, I would probably take capture/summon mechanics out of my game if their lawyers were threatening enough. That's the value in unenforceable patents.
It really depends? If you could hire a good patent lawyer for say $5k-$10k to dig up a reasonably correct answer for you, and that answer was "lol this patent is a joke, Nintendo will get quickly smacked out of court and all your attorney fees will get paid for by Nintendo", then maybe that would be sufficient if the cost to you to rework the mechanic would be order(s) of magnitude higher than $5k.
You're definitely right in that before you actually call their bluff and enter litigation, you'd want to be damn sure what you're getting in to.
It's probably a nonstarter for the current year, given that you'd need to pay for substantially more patent examiners, and better trained patent examiners (even if it does ultimately come a lot from increased fees). Or maybe fewer patent examiners but much more highly trained ones? I'm not sure how that would pan out.
But it would be very cool if the gap between "granted patent" and "proven useful patent" was closed substantially.