What did BioWare patent?
September 5, 2010 7:48 PM Subscribe
My curiosity has been piqued by this line in Extra Lives: "The technology BioWare uses to manage in-game dialogue is closely minded, and parts of it are patented." Which parts?
Googling is giving me a lot of false positives -- e.g. the "patented mid-game reveal" -- and I can't find anything with cursory searches in the patent databases (BioWare is a Canadian company). Any help?
Googling is giving me a lot of false positives -- e.g. the "patented mid-game reveal" -- and I can't find anything with cursory searches in the patent databases (BioWare is a Canadian company). Any help?
Response by poster: Wow, I did not know that Google Patents existed. Thanks!
posted by danb at 8:05 PM on September 5, 2010
posted by danb at 8:05 PM on September 5, 2010
Response by poster: For those who don't want to read the patent, it largely concerns the system used in Mass Effect: "classes" of dialogue choices (hostile, friendly, goodbye, etc.) are placed in consistent spots on a wheel to facilitate faster selection by the user and, through that, create a more realistic conversational rhythm.
posted by danb at 8:41 PM on September 5, 2010
posted by danb at 8:41 PM on September 5, 2010
generally, the manufacturer would have placed the patent number(s) somewhere on the product, i.e., on the packaging and/or in the game itself.
posted by JimN2TAW at 9:16 PM on September 5, 2010
posted by JimN2TAW at 9:16 PM on September 5, 2010
No, the manufacturer would not have listed the patent number(s) on the product. Windows has dozens if not hundreds of patents and the average cell phone probably touches thousands. Patent labeling is not a requirement for patent protection.
posted by GuyZero at 10:20 PM on September 5, 2010
posted by GuyZero at 10:20 PM on September 5, 2010
Patent labeling is not a requirement for patent protection.
In the United States, if you 'wilfully' infringe upon a patent there are treble damages compared to if you infringe without knowing it.
I believe some products are labelled with patent numbers for this reason.
posted by Mike1024 at 12:40 AM on September 6, 2010
In the United States, if you 'wilfully' infringe upon a patent there are treble damages compared to if you infringe without knowing it.
I believe some products are labelled with patent numbers for this reason.
posted by Mike1024 at 12:40 AM on September 6, 2010
Best answer: What did BioWare patent?
Nothing - yet. Ookseer's link is to a patent application, not a granted patent. The distinction is always crucial - it's like the difference between filling out a college application and getting an acceptance letter. Anyhow, the application was in fact rejected in April of this year, though Bioware will (should it choose to) have the chance to respond and try to continue convincing the patent examiner that the patent should be granted.
posted by Conrad Cornelius o'Donald o'Dell at 10:22 AM on September 6, 2010
Nothing - yet. Ookseer's link is to a patent application, not a granted patent. The distinction is always crucial - it's like the difference between filling out a college application and getting an acceptance letter. Anyhow, the application was in fact rejected in April of this year, though Bioware will (should it choose to) have the chance to respond and try to continue convincing the patent examiner that the patent should be granted.
posted by Conrad Cornelius o'Donald o'Dell at 10:22 AM on September 6, 2010
Response by poster: Thanks for that clarification, Conrad.
posted by danb at 2:46 PM on September 6, 2010
posted by danb at 2:46 PM on September 6, 2010
In the United States, if you 'willfully' infringe upon a patent there are treble damages compared to if you infringe without knowing it.
I believe some products are labeled with patent numbers for this reason.
There are a few errors here. First, the enhanced damages for willful infringement are up to treble damages (attorney's fees may also be available). 35 USC 284. Second, the standard for willful infringement is not 'knowing' infringement but rather objective recklessness. That is, the "patentee must show by clear and convincing evidence that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent." In re Seagate Tech., 497 F.3d 1360, 1371 (Fed.Cir. 2007).
Finally, marking a product with a patent number is not done for that reason. Product marking gives the public constructive notice that the marked product is covered by the patent. The practical upshot is that the patentee can recover damages from the time marking began even if the alleged infringer did not have actual notice of the patent. Without marking, damages can only be recovered from the time of actual notice, which may be as late as when the lawsuit was filed. 35 USC 287(a).
posted by jedicus at 8:58 AM on September 7, 2010 [1 favorite]
I believe some products are labeled with patent numbers for this reason.
There are a few errors here. First, the enhanced damages for willful infringement are up to treble damages (attorney's fees may also be available). 35 USC 284. Second, the standard for willful infringement is not 'knowing' infringement but rather objective recklessness. That is, the "patentee must show by clear and convincing evidence that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent." In re Seagate Tech., 497 F.3d 1360, 1371 (Fed.Cir. 2007).
Finally, marking a product with a patent number is not done for that reason. Product marking gives the public constructive notice that the marked product is covered by the patent. The practical upshot is that the patentee can recover damages from the time marking began even if the alleged infringer did not have actual notice of the patent. Without marking, damages can only be recovered from the time of actual notice, which may be as late as when the lawsuit was filed. 35 USC 287(a).
posted by jedicus at 8:58 AM on September 7, 2010 [1 favorite]
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posted by Ookseer at 8:00 PM on September 5, 2010