According to videogame patent lawyer Kirk Sigmon, the USPTO granting Nintendo these latest patents isn’t just a moment of questionable legal theory. It’s an indictment of American patent law.
“Broadly, I don’t disagree with the many online complaints about these Nintendo patents,” said Sigmon, whose opinions do not represent those of his firm and clients. “They have been an embarrassing failure of the US patent system.”
Yes you generally do need to involve a business partner that has the means to produce the product in any meaningful capacity.
Or, if we go by what you want. They don’t even have to partner with you. They’ll just start making it themselves and push you out of the market because there’s absolutely nothing that would prevent them to.