Is it possible to know if a mechanic you want to apply to a game is patented before applying it or do you only find out when you are sued?
IANAL but I really doubt you can’t patent a game mechanic. Have you noticed the amount of “D&D clone” which aren’t SRD version but do use D20, classes, and level rather than original game mechanics?
You can’t come with an infinity of games mechanics and even assuming it’s legal to patent (I doubt-it) there is tons of previous art which would make the patent invalid. Even a very inovative game like Blade in the Dark re-use tons of concept from other games like reputation score, partial success, dice pools or clocks
A very early first pass would be searching patents for the mechanic and or verb you want to use. “Double jump patent” for example.
Probably want a patent lawyer if you’re serious. If you’re just starting out I wouldn’t be worried about it.
Can you patent a game mechanic? I could see the implementation of a mechanic being protected, the specific way the code is written in a game, which would mean you can always find a different way to achieve the same result. What are you thinking of when you say “game mechanic”?
The Nemesis System of Middle-Earth: Shadow of Mordor and Shadow of War. Warner Bros. patented that mechanic and for that reason it has never been seen again in any game beyond those already mentioned. Nintendo also recently patented several mechanics of the Pokemon games in response to the growing popularity of Palworld. Bandai also patented the mechanics of placing mini-games on the loading screens, so for 20 years no game was able to do so until recently when the patent expired.
Oh shi- riiiight the thing with the mini-games, I’ve heard about that! Just didn’t connect the dots here, I guess.
There’s also Namco patent around auxiliary games played during loading screens, but it’s lapsed finally (https://www.eff.org/deeplinks/2015/12/loading-screen-game-patent-finally-expires)
I’m intrigued as to how Nintendo patenting some game mechanics from Pokémon.
How does this stand when Palworld is already out and using those same mechanics since the patents came after.
It’s a pressure move, a way to flex legal muscle and intimidate. Nintendo’s real fear is that Palworld will start selling merchandise, which is where Nintengo earns more from pokemon. The patent thing is a deterrent so that the Palworld guys don’t get brave.
Yes you can. This is the patent for the "Nemesis characters, nemesis forts, social vendettas and followers in computer games:
https://patents.google.com/patent/US20160279522A1/enAmerican and Japanese companies especially patent as much as they can in video games.
That entire page goes WAY over my head so I’ll take your word for it, hah.
That’s just what a patent looks like. The patent number, the designer, and who holds it. Then a summary. Designs. And description of how it functions.
But yeah, it’s all legal talk so it’s a chore to read. Don’t feel bad, Einstein worked in a patent office.
Here’s a much simplier example thats far easier to understand, but has all the same details:
https://patents.google.com/patent/USD709328S1/en?q=(lightbulb)&page=1
Drinking glass with inverted lightbulb enclosed within the drinking glass
That patent is essentially trying to say that if you do anything more than a randomly selected behaviour, based on a database, related to previous user interactions, you are infringing the patent. At the same time, the mechanics in the filed patent also depend upon the creation of a database based on the user’s past behaviour.
The implications are just that, if you have more lawyer money than WB, then you can make and sell your game.
Rule number one of software development is that you NEVER EVER go anywhere near a patent. EVER. If you do they will use that as proof u stole and burn u at the steak.
I know that, that’s why I’m asking where or how to know if I’m about to use a patented mechanic.
I think they’re saying that proof you researched patents could be used to prove that you willfully violated a patent or could be used as evidence that your work that you may see as unrelated was inspired by something patented.
But that’s only if I USE the patented Mechanic, and why would I use willfully a patented mechanic? What benefits would get me to use a something that I know FOR SURE is going to get me in legal troubles?
Patents are frequently intentionally as vague as possible. You’re operating from the perspective that an item is patented to protect an idea as opposed to being weaponized to make money. You are for sure 100% going to be doing something where it’s arguable that it could fall under an existing patent. You might still win if you want to pay to fight it out in court.
I know very well that patents are used as a weapon, not to protect any property. There are a lot of things that are patented but for which no legal action has been taken because whoever infringes the patent is not seen as a threat by the patent rights holder, case Nintendo with Pokémon, who did not get serious about patents when Temtem or Cassette Besst or other Monster Cstchers came out, but when Palworld came out they got to work.
