It’s about proving who was the original creator/user of the IP, instead of who is the first to file to have that IP protected.
The flipside of this would be having random holding companies just mass filing for ownership of everything posted online, said, written-down, or created, in the hopes that they get approved first so they can sue others, even the creators, for using it.
Look at the “very demure, very mindful” woman, Jools Lebron. Someone else (Jefferson Bates) file to trademark the saying because the original creator didn’t think to until after it was viral. Because the laws are ultimately about proving who was the creator, and not who filed first in the USA, it’s likely that Jools will get ownership, eventually.
One of the gates to getting a patent approved is proving that you are attempting to patent it in a timely manner. You’re supposed to file a patent within one year of first public disclosure to prove that you’re actively protecting your IP and plan to develop it, and if you don’t it’s grounds for denial.
Palworld alone has been out over a year now, let alone how long most of the Pokemon stuff Nintendo has been patenting. Nintendo has zero grounds for applying these patents, and the fact that they are able to obtain them just because they have more lawyer money means the patent system is completely pointless and laws don’t matter.
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It’s about proving who was the original creator/user of the IP, instead of who is the first to file to have that IP protected.
The flipside of this would be having random holding companies just mass filing for ownership of everything posted online, said, written-down, or created, in the hopes that they get approved first so they can sue others, even the creators, for using it.
Look at the “very demure, very mindful” woman, Jools Lebron. Someone else (Jefferson Bates) file to trademark the saying because the original creator didn’t think to until after it was viral. Because the laws are ultimately about proving who was the creator, and not who filed first in the USA, it’s likely that Jools will get ownership, eventually.
They’re called patent trolls and our busted system already has them
One of the gates to getting a patent approved is proving that you are attempting to patent it in a timely manner. You’re supposed to file a patent within one year of first public disclosure to prove that you’re actively protecting your IP and plan to develop it, and if you don’t it’s grounds for denial.
Palworld alone has been out over a year now, let alone how long most of the Pokemon stuff Nintendo has been patenting. Nintendo has zero grounds for applying these patents, and the fact that they are able to obtain them just because they have more lawyer money means the patent system is completely pointless and laws don’t matter.