So, you wanna build a Famicom clone? Gamasutra says that Nintendo's intellectual property still has some legal teeth despite the expiration of some of its patents. The original Nintendo Entertainment System is protected by five US utility patents and three US design patents, one of which doesn't expire until 2013. Crossing the border won't necessarily help as there are seven Canadian patents to consider, not to mention patent laws in other countries. And the legal ramifications don't end there. Copyright and trademark protection afford Nintendo additional rights and longer lasting protection over intellectual property such as product names, slogans, and phrases.
Bottom line? While it may still be possible to sidestep the big N's remaining IP protection, there would still be major risk involved for aspiring cloners who don't tread lightly. Should Messiah Entertainment be concerned for their Generation Nex? Yes, but probably more for the fact that their clone is a piece of junk that ineffectively translates most of the 8-bit cartridges it was meant to play. Should this market begin to bear fruit, Nintendo still has the power to take action (and most likely would) since a properly implemented clone could interfere with the classic gaming service planned for the Revolution.
