During a new interview, a US patent expert stated that Nintendo is incorrect in its assertion that mods do not count as prior art.
For those unfamiliar, Nintendo and Pocketpair have been engaged in a patent infringement lawsuit for some time now, with the former claiming that the latter has infringed multiple patents with Palworld. Now, a US Patent expert has provided their opinion on the ongoing lawsuit and also on mods not being considered as prior art.
Nintendo Saying Mods Not Counting is Prior Art “Is the Most Asinine Thing I Have Seen”
Spotted by GamesRadar+, during a new interview with The Junglist, Kirk Sigmon, an attorney from Banner Witcoff, and an expert in patent law, spoke about Nintendo’s defense on mods not counting as prior art. Sigmon started off by stating that “Nintendo is so wrong it hurts”. Sigmon added that there might be some nuance in Japanese law that could dictate where Nintendo is coming from; however, for the world of prior art, it doesn’t have to be perfect, nor does it have to be functional either.
Sigmon then went on to explain instances where prior art has been used that isn’t a computer program in the first place. He also provided an example of an IPR case from 5-7 years ago, where a Dungeons and Dragons manual was used as prior art, as it included character sheets and other details. He adds that “you don’t have to find prior art that’s of a specific nature”, it doesn’t have to be marketed either. Most of the time, the only requirement is that “it was written down somewhere” to prove that it existed.
The patent expert goes on to say, “Nintendo’s argument that mods are somehow different, to me is the most asinine thing i have seen”. For it seems like it’s coming from someone “who doesn’t understand computers at all”. According to Sigmon’s POV, mods are essential, but they are a very dangerous space at the same time. However, “if you are creating a mod for a game that has certain functionality, that’s all that matters.”
Sigmon goes on to conclude that there have been several references used in patent offices as well as litigation that were never actually made and had numerous flaws, but that doesn’t prevent them from being prior art in the United States. There might be a nuance in Japanese law that he may not be aware of. In general, Sigmon thinks Nintendo’s argument about mods not being prior art “is a loser”. It is “fixated too highly on form over function” because where to we “end that dispute, as there are multiple Unreal Engine 5, are those mods too just cause they are running on a singular engine?
In other news, a former Capcom designer has stated that Palworld “crossed a line” in relation to the ongoing lawsuit. Additionally, Nintendo has confirmed they haven’t contacted the government about generative AI. Let us know through the official Insider Gaming forums discussion.
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