Nintendo applying for a patent retroactively in the US is a big concern but not really surprising

There are several questions that need to be asked about these patents. The obvious one to me is how was this even allowed? Surely the point of a patent is to protect the person who invented whatever they are patenting from others using their invention without their consent. But one would imagine that in order to do so you would actually have to evidence that you created said item and surely people should be able to contest it if they have evidence otherwise. The impetus would then have to be on the relevant parties trying to prove their ownership either way to supply evidence. But for some reason (probably money if I had to guess) Nintendo seemed to be just handed it. I get that one of the issues is that the relevant people in the patent office are not gamers. Therefore, they probably don’t know the lasting impact (or don’t really care) of patenting mechanics in games and the contraction of creativity that is a direct result of the patent.

The obvious example is the nemesis system from Warner Brother’s Shadow of Mordor. Everyone knows the loss we felt as gamers when they patented this mechanic. The number of games that would have benefitted (or at least could have added cool things to games we love) had they not patented it and instead left it out for the world to use. I imagine we could all think of a game where this system would have added to the game. Now in the Nintendo case there are differences to the WB patent as WB created the system while creating Shadows of Mordor whereas Nintendo are patenting systems that have either been around for ages or that they can’t really evidence they created. They are also patenting systems and using them against a company that has evidence of using these mechanics previously as far back as 2020 if not before.

 I just keep having to ask why Nintendo as a company would even do this. I know it is obvious as they want to control the system and in their mind, it means they can have complete control and a monopoly over a segment of gaming. But as WB shows it is not worth it if they don’t use it and it stifles what could be within gaming.

I also wonder if this patent would pass in other countries other than the US. I assume they did so because if they pursue the patent in the US, it is a big limiter of where to sell your game and therefore limit your income. Sure, you could release the game everywhere but the US but that is a huge chunk of the gaming sales lost. I also suppose they will use the US patent as evidence for any future patents.  

My overall thought is Nintendo just doesn’t care. As many people have said they are not the company they were in the past that was all about fun and creating enjoyable games and experiences. There are a few very good heartfelt videos on YouTube from longtime Nintendo fans expression dismay and disappointment in Nintendos current trajectory and lack of self awareness. They wax lyrical about Nintendo and how the games made them feel. Unfortunately, these people had to get older, wiser and as such grew to know more and have higher expectations than what they experienced as a child. I am not a Nintendo fan, but I feel sorry for them and feel their pain. There are times when I think of my childhood and studios that either no longer exist or, and I think this may be worse, have changed from a company that made games people loved to the shell of that company who chase fads and money, I feel the same sense of loss and disappointment (I am looking at you BioWare).

We do ‘feel’ things when it comes to games. Nintendo and WB are well within their rights to patent systems in games. If they spent time and money on devising these systems, they are going to want a return on their investment. The belief is that if they hold back on allowing people to use those systems it gives them a corporate advantage. As gamers on the other hand, we cannot forgive the withholding of systems that if left out there add to the creativity and invention of new games. Can you imagine if From Software patented their bonfire idea? Or the dying and retrying loop from their soulslike? We would never have had Lies of P, Steelrising (yes, I actually liked Steelrising even if it was a little janky!) or Nioh. Or if Microsoft had patented the flying mechanics of flight simulator. Or Civilization and it’s many systems? Gaming as a hobby would be worse off and would face a drastic reduction in creativity if more people wilfully patented all ideas.

There have been vocal critics from within game development agreeing with gamers but unsurprisingly very little from majority of the publishers. This I think is the main concern. Although Nintendo are just one developer/publisher there is no reason others may follow. I can see Ubisoft jumping on the bandwagon. Sony are looking at Tencent with their new game that has many similarities to Horizon (the game is very similar). What if Sony patented robot enemies? Post apocalyptic worlds? Tribal societies in a post apocalyptic world? Nintendo’s patent is tenuous at best but sets a very strong aggressive precedent when it comes to how patenting in games happens and the extent that patents effect how worried devs become about stepping on patent infringement. If more patents are allowed to pass and depending on who has them or uses them, can make a difference. I think emotionally as gamers this is a little worrying.