Xbox Fans Are Upset With Sony’s Patent Application Language

Sony is being accused of “disparaging” Xbox and Nintendo consoles in PlayStation patent applications. Although it doesn’t name any console, Sony’s patents refer to non-PlayStation home entertainment systems as “inferior” devices.

Is PlayStation really throwing shade at Xbox and Nintendo?

The language was first highlighted by GameRant, who pointed out that Sony submits two versions of its patent applications. One version is in PDF form, which is specifically used for legal purposes, and this version seems to omit text referring to other console manufacturers as “inferior.”

For context, here’s what Sony wrote:

“For example, an end user device may be a personal computer, a home entertainment system (e.g., Sony PlayStation 2(R) or Sony PlayStation 3(R) or Sony PlayStation 4(R)), a portable gaming device (e.g., Sony PSP(R) or Sony PlayStation Vita (R)), or a home entertainment system of a different albeit inferior manufacturer.”

I’ve personally never written a patent application but Florian Mueller of Foss Patents apparently has 30+ years of analyzing patents and intellectual property (note: Mueller has worked with Microsoft and Blizzard in the past, and Sony’s locking horns with both over their proposed merger). According to him, this is unheard of. In a lengthy article on his own blog, he noted that Sony has been using this “childish” and “unprofessional” language in patents dating back to 2011.

Mueller then proceeded to share a list of patents containing this language from various years, noting separately on Twitter that even some PDFs used for legal purposes contain this language. He also claims that his LinkedIn post on this topic has been liked by various industry professionals, including a senior Nintendo counsel, suggesting that they agree with him.

Make of this what you will.