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Warren Cash
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Comments by "Warren Cash" (@mandowarrior123) on "Nintendo just f**ked up.." video.
Yes, you can. Patents apply from when you invented it if you can prove that. The patent office are just official record keepers and check for you if it has been filed before. Having a patent doesn't in any way mean its legally protected by any means though, it just supports your claim to an invention at a particular date. It certainly does not prevent palworld sequels, it will mean they must slightly change their process if this holds up which is unlikely. For example, palworld can patent their gun sphere launcher and use that, sidestepping this patent.
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@Tracenji no, that is the parent patent, this addition with the throwing mechanic was added 2024.
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@SchemingGoldberg they do work 'retroactively' in this context. The patent proves it is novel as far as filed patents go, then they prove that they invented it prior to palworld. It is a large assumption that it is a patentable idea.
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@salihkizildag incorrect, the parent patent was filed 2021 but the part in question here was added 2024. All of this is irrelevant, it is the claim of the date they invented it that matters (which would be the priority date in this case) but patents aren't as important as everyone assumes in patent law. For example, a pre 2021 game mod using similar mechanics would invalidate it.
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This is incorrect, the 2021 date was the parent patent. They added the patent that is in question only in 2024 as a sub patent. Also, that isn't how patents work. The patent office does not check if it is novel in the world, only that it is not a copy of one they have on record. You can file retrospective patents, they can still be granted. Whether they have any value remains to be seen.
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@smithynoir9980 patent agreements mean they often extend to other patent offices worldwide, but with caveat. Both are Japanese companies so you certainly can't simply sell it abroad like that, as they're still held responsible.
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