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?
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?
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.