In a recent interview, a US patent expert disagreed with Nintendo’s claim that modifications (‘mods’) can’t be considered existing technology when evaluating patent applications.
Nintendo is currently suing Pocketpair, the creators of Palworld, alleging that the game copies patented Nintendo technology. A patent law expert has now shared their thoughts on the case, and also clarified that modifications made by players (mods) aren’t considered relevant when determining if a patent was violated.
Nintendo Saying Mods Not Counting is Prior Art “Is the Most Asinine Thing I Have Seen”
GamesRadar+ recently reported on comments made by patent attorney Kirk Sigmon of Banner Witcoff during an interview with The Junglist. Sigmon, an expert in patent law, strongly disagreed with Nintendo’s stance on whether modifications (mods) can be considered ‘prior art’ in legal cases, stating their argument was “so wrong it hurts.” While acknowledging potential differences in Japanese law, Sigmon explained that, when it comes to prior art, something doesn’t need to be flawless or even fully working to be considered relevant.
So, Sigmon was explaining that the ‘prior art’ used to challenge patents doesn’t even *have* to be software. He gave this crazy example of a case a few years back where they actually used a Dungeons & Dragons manual! Apparently, the character sheets and details in it counted as something that already existed. He said you don’t need to find prior art of a certain *type* – it doesn’t even have to be something that was sold. Basically, if it was written down *anywhere*, that can be enough to prove the idea wasn’t new.
A patent expert strongly criticized Nintendo’s claim that modifications (mods) are distinct, calling it a nonsensical argument from someone who appears to lack computer knowledge. The expert, Sigmon, believes mods are important, though potentially risky. Ultimately, according to Sigmon, the key factor is whether a mod adds functionality to a game.
Sigmon argues that even flawed or nonexistent references have been accepted as prior art in US patents and legal cases. He suggests Nintendo’s claim that modifications aren’t prior art is unlikely to succeed, as they’re focusing too much on how something *looks* rather than what it *does*. He questions where to draw the line – for example, if multiple modifications use the same engine like Unreal Engine 5, are they all still considered separate and non-prior art? He also acknowledges there might be a different interpretation under Japanese law.
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2025-10-07 19:49