Warner Bros patents a game system that isn't all that unique, threatening game-industry creativity

[Delicieuxz]

Article: WB Games' Nemesis System Patent Was Approved This Week After Multiple Attempts

 

 

After trying and failing to secure a patent for a particular kind of system since 2015, Warner Bros has finally been granted a patent for the Nemesis system that is used in their Middle Earth series, which they will be able to hold for 15 years, until 2035.

 

That means that other developers and publishers won't be able to use that kind of a system unless they are granted a license to by Warner Bros.

 

Obviously, this is a shitty move that could impair creativity, and one that sets very threatening precedent for creativity in the games industry. If more publishers start patenting various game systems, eventually it could be very difficult to create a game that doesn't infringe on some publisher's patent. And games could become more generic and less adventurous as a result.

 

But and in light of reactions to the patent pointing-out that the game system in question isn't all that unique to the Middle Earth series, it's worth noting that people can file objections to a patent, and that patent can potentially be taken away from whoever it was granted to. So, if other games have used this system before, or one very similar to it, it's possible that an objection to the patent could have it cancelled. And since it apparently took Warner Bros a lot of effort and years to get this patent, it could be a tricky one for Warner Bros to defend.

 

One Twitter post below says that King of Dragon Pass already used the same system as Middle Earth's Nemesis system long before Middle Earth did. If that's true, then it should be possible for an objection to be made to Warner Bros' patent by the King of Dragon Pass developer or publisher, or anybody else, to get that patent cancelled.

 

Here are some resources if you want to file an objection to Warner Bros' patent.

 

Objecting to patent applications

Quote

You can tell the Intellectual Property Office (IPO) if you believe that an invention is not patentable - ie not new or inventive. This is known as 'making observations'.

 

Some of the grounds for opposing a patent application may involve:

 

- prior art or prior use - if the invention isn't novel
- obviousness - if the invention lacks an inventive step
- not an invention - the subject matter of the application is not patentable
- insufficiency - the specification doesn't explain how to put the patent into practice

 

How to Challenge a Patent

How to challenge or oppose a pending patent application

Three ways to challenge patent validity under the America Invents Act

 

 

 

 

 

Topic overview in video format:

 

 

Some industry reactions:

[TempestCatto]

Just buy a PC, damn.

[Oshino Shinobu]

1 minute ago, TempestCatto said:

Just buy a PC, damn.

What? Like patents somehow don't apply to developers of PC games?

[flibberdipper]

This is why we can't have nice things.

[leadeater]

10 minutes ago, Oshino Shinobu said:

What? Like patents somehow don't apply to developers of PC games?

Well the games in question are actually on PC too so 

 

 

[GDRRiley]

why the hell was this allowed, this makes the 5-6th patent that I have memorized that is so dumb

[TempestCatto]

1 hour ago, Oshino Shinobu said:

What? Like patents somehow don't apply to developers of PC games?

It's just simpler on the PC side of things. Of course patents apply, but even then, people can always make game mods if they so choose.

[Jet_ski]

Sometimes the patent office grants a patent which it shouldn’t have. It’s not the end of the world as others can challenge it. For instance if a game had those patented mechanics before the patent was granted, they could easily challenge it in court and have the patent voided. It could also mean the patent WB got is actually a weak one that doesn’t cover much. Assassins Creed devs should challenge it.

[Delicieuxz]

12 minutes ago, Jet_ski said:

Sometimes the patent office grants a patent which it shouldn’t have. It’s not the end of the world as others can challenge it. For instance if a game had those patented mechanics before the patent was granted, they could easily challenge it in court and have the patent voided. It could also mean the patent WB got is actually a weak one that doesn’t cover much. Assassins Creed devs should challenge it.

It's a possibility and I included resources about how to object to a patent in the OP.

 

But anyone can submit a challenge to a patent - a person doesn't have to have some connection or personal stake in the patented idea. So, it doesn't need to be challenged by a developer which used a similar system previously.

 

And there's no need to go through a court to object to a patent. A person can simply mail a request for re-examination of an issued patent, explaining why the patent shouldn't have been given and detailing where the patented idea was used first to show that it isn't a new idea. The patent office will respond in a few months whether they've approved the re-examination process.

 

If the patent office re-examines the patent but whoever requested the re-examination disagrees with the patent office's decision at the end of their re-examination, then the patent office's decision could be appealed in court.

[Stormseeker9]

4 hours ago, TempestCatto said:

Just buy a PC, damn.

It’s a fucking pc game .

 

 

[Bombastinator]

Wouldn’t a patent for a 2015 system have 6 years left on it?  One of the issues with patents is sometimes people mess up.  This is part of the reason there are patent suits. There’s other things too that bother me about this.  Folks don’t generally do single patent applications anymore.  They’ll do hundreds of applications for a single thing all worded slightly differently.   That there is one patent application strikes me as unlikely.

Edited February 9, 2021 by Bombastinator

[descendency]

Any patent that would be granted for something like this would have to be so narrow that it would literally protect against straight ripoffs. The USPTO isn't as dumb as people think they are. (even if I'm one of the people who thinks they're pretty dumb. . . )

[Junaid Hameed]

4 hours ago, TempestCatto said:

It's just simpler on the PC side of things. Of course patents apply, but even then, people can always make game mods if they so choose.

they cant develop an entire way of interaction. That's so tougher,

[Drama Lama]

at least it's only a patent, which "only"  last 25 years and not copyright which lasts 90years

[PCGuy_5960]

Brb boys, going to patent FPSes real quick and make bank from CoD.

[leadeater]

23 minutes ago, Drama Lama said:

at least it's only a patent, which "only"  last 25 years and not copyright which lasts 90years

25 Years

 

......

 

 

ok 35 Years

 

......

 

Oh for you Sir, as long as you like

[Bombastinator]

6 hours ago, Drama Lama said:

at least it's only a patent, which "only"  last 25 years and not copyright which lasts 90years

Patent used to last for 7 across the board.  21 is insane.  (Not debating the number.  I don’t know the effective number which may have not a lot to do with the legal number, just thinking that 21 years is still way way too long) Smith and Wesson managed to dig out 10 in the 1800’s and even that caused massive problems.  They had control (though they did not themselves actually own) of a very very questionable patent on functional revolvers. One that should never have been granted in the first place.  It happens.  The whole history of revolver design became tumultuous through that entire period because of it.

[Lurick]

11 hours ago, TempestCatto said:

It's just simpler on the PC side of things. Of course patents apply, but even then, people can always make game mods if they so choose.

PC mods can still be taken down with legal threats? Game developers have to allow for mods as well.

Or are you seriously suggesting developers make a game and hope someone has the balls to mode a nemesis system into the game and hope they won't get sued?

[Donut417]

WB is owned by AT&T so what do you expect from a company that has spent decades screwing over their customers. 

[Velcade]

13 hours ago, GDRRiley said:

this makes the 5-6th patent that I have memorized that is so dumb

Why are you memorizing patents? 

[Bombastinator]

4 minutes ago, Velcade said:

Why are you memorizing patents? 

I don’t think you and that poster are thinking of memorization of the same thing.  Poster might mean “remembering examples of” for example. English is unusually specific as a language if used correctly (which it rarely is) and even then it often lacks the exactness necessary for good communication.

[GDRRiley]

1 hour ago, Velcade said:

Why are you memorizing patents? 

because why not?

[Velcade]

1 minute ago, GDRRiley said:

because why not?

That's a lot of information to commit to memory for no reason. 

[Bombastinator]

1 minute ago, GDRRiley said:

because why not?

..or he could just like memorizing things.  Some People do.  

[GDRRiley]

Just now, Velcade said:

That's a lot of information to commit to memory for no reason. 

I've committed more useless and weird stuff

Just now, Bombastinator said:

..or he could just like memorizing things.  Some People do.  

no you have the real answer. just having a little fun