If I understand patents at all (which I think I do a bit) then if you can prove that the <thing> or in this case <idea> was in the 'public domain' before the patent was granted then there IS NO WAY OF ENFORCING THE PATENT. This doesn't seem to stop them applying for, and getting the patent - all that means is that nobody else has bothered because it was blatently public domain and had been used many times by many people in many wide-spread well known ways.
Just to clarify all that - the patent office only seem to refuse a patent if a similar PATENT has already been filed. It is not their job to check that the idea is in use or widely known - that is up to the 'inventor'/applicant, because they will have to enforce the patent if it is challenged.
Obviously, most inventors don't have the time/money to file frivilous patent applications, so this has never been a problem. You could probably get a patent on 'the wheel' - I doubt anybody has wasted any money on that one - its ENFORCING it that would be your problem.
Now, I know the legal system operates on behalf of the dollar, but by simply producing a copy in court of any game from <=2005 that used 'spectator' mode would (in theory) have the case laughed out.
BTW I only say this from my limited experience as an inventor and if I'm wrong on anything I'm willing to be corrected :)
Just to clarify all that - the patent office only seem to refuse a patent if a similar PATENT has already been filed. It is not their job to check that the idea is in use or widely known - that is up to the 'inventor'/applicant, because they will have to enforce the patent if it is challenged.
Obviously, most inventors don't have the time/money to file frivilous patent applications, so this has never been a problem. You could probably get a patent on 'the wheel' - I doubt anybody has wasted any money on that one - its ENFORCING it that would be your problem.
Now, I know the legal system operates on behalf of the dollar, but by simply producing a copy in court of any game from <=2005 that used 'spectator' mode would (in theory) have the case laughed out.
BTW I only say this from my limited experience as an inventor and if I'm wrong on anything I'm willing to be corrected :)