[He/Him, Nosist, Touch typist, Enthusiast, Superuser impostorist, keen-eyed humorist, endeavourOS shillist, kotlin useist, wonderful bastard, professinal pedant miser]
Stuped person says stuped things, people boom

I have trouble with using tone in my words but not interpreting tone from others’ words. Weird, isn’t it?

Formerly on kbin.social and dbzer0

  • 30 Posts
  • 697 Comments
Joined 2 years ago
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Cake day: March 5th, 2024

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  • Thanks!

    Thing is, the heading says that the reason the child patent is filed is specifically to make its claim still stand even if the parent patent is invalidated. I would expect that Nintendo’s big-suit lawyers have engineered the patent to have minimal overlap with parts that may be invalidated. Child patents are not for amending the original patent’s claims but to file a new ones.

    Here are the other reasons the documented said you might want to file a child patent:

    1. Response to a violation of the requirement of unity of invention [(the same patent cannot contain multiple inventions)] If an Office Action (OA) is issued due to a violation of the requirements for unity of invention, it may be possible for the applicant to obtain a patent by separating claims which do not satisfy the requirements for unity of invention from the parent application by filling them as divisional applications.
    1. Obtaining patents for inventions described only in the specification Patents can also be obtained for inventions that are described only in the specification of the original application, but not described in the claims, by filing one or more divisional applications for the desired inventions.
    2. Issuing a warning against competitors by keeping applications pending for an extended period of time The application pendency period can be prolonged by filing divisional applications. This urges competitors to observe the status of the existence of divisional applications. It is effective to put pressure and restrictions on competitors designing their products and so forth.

  • Thanks, I did miss that one was a child of the rejected patent. That said, child status only means that the patent is based on the parent invention, not that a dependency tree for the patents’ validity. I’ve confirmed that this is true in Japanese law as well after searching it up:

    D) Advantage of filing divisional applications 2) Providing a fallback to the parent application Filing divisional applications leaves open the possibility that applicants may obtain a patent granted partially, even though the parent application is ultimately rejected by the JPO.

    https://shigapatent.com/wp-content/uploads/2023/04/Divisonal-Application.pdf

    I would wait for the patents actually used in the lawsuit being invalidated before cheering.

    was published… after… Nintendo’s lawsuit began. […] insane bullshit that would piss off a judge, to me.

    This is true regardless of whether or not the patents are invalidated.

    Reiwa 6 began in 2019

    Reiwa is the imperial era beginning in 2019, meaning Reiwa 1 is 2019 and Reiwa 6 is 2024. The name translates to “Fine Harmony”. The more you know!



  • As part of their ongoing lawsuit, Nintendo is claiming PalWorld has violated those… now invalid patents, so Nintendo’s overall case against PalWorld is now significantly more weak.

    That directly contradicts your quote:

    Since the application isn’t cited in the Palworld patent lawsuit directly, its rejection won’t have a direct impact on the ongoing case. However, as explained by Games Fray’s analyst Florian Mueller, the newly rejected application is a “key building block” in Nintendo’s strategy to capture a wide range of creature-capture system implementations. It is the child of patent JP7493117 and the parent of JP7545191, both of which are cited in Nintendo’s complaint.

    IANAL, but IIRC atl in US law “child patent” just means it adds new claims to the parent patents’ technology, so this just invalidates the parts that Nintendo did not use in its lawsuit.



  • In the memo, ahead of the campaign’s launch, executives grappled with whether to include public disclosures about “secondary” use – water used in generating the electricity to power its datacentres.

    They warned that full transparency was “a one-way door” and advised keeping AWS’s projections confidential, even as they feared that their advice could invite accusations of a cover-up. “Amazon hides its water consumption” was one negative headline the authors anticipated.

    Callaghan said efficiency savings have already been achieved and pointed out that other companies also don’t count secondary water use.

    Scientists balked at the selective disclosure and the choice not to include secondary use of water in the total.