Firstly.. I doubt anyone saw "Scrolls" and thought "The Elder Scrolls". Hell, when I think "Skyrim" I don't think "The Elder Scrolls."
Patents should protect against idea theft.
I would like Patents to be like math. If you show all your working out you are mostly fine. This way, if you are taken to court you have documentation which shows each step of development that got you from A to B. This would include missteps etc.
This would allow two people who have the same idea to not be infringing a patent.
It would still be for the judge to interpret. It may be the case that person B started work on their product after the release of person A's work. There work may be dubious.
At least this would allow someone to create a similar product via their own initiative without being in breach of patent they were unaware of.
Patents should protect against idea theft.
I would like Patents to be like math. If you show all your working out you are mostly fine. This way, if you are taken to court you have documentation which shows each step of development that got you from A to B. This would include missteps etc.
This would allow two people who have the same idea to not be infringing a patent.
It would still be for the judge to interpret. It may be the case that person B started work on their product after the release of person A's work. There work may be dubious.
At least this would allow someone to create a similar product via their own initiative without being in breach of patent they were unaware of.