Some of Nintendo's patents on the Famicom expired in 2003, followed in 2005 by NES-specific patents such as those covering the 10NES lockout chip. While Nintendo still holds various related trademarks, NES hardware clones are no longer necessarily illegal on the basis of patent infringement. This matter is complicated by the effect of different patents awarded in different countries, with different expiration dates. Nintendo sued Gametech in 2005 for selling the PocketFami, despite the patent expiration. Nintendo lost this suit.[citation needed] However, Famiclone manufacturers who incorporate copyrighted games into the unit may still be subject to legal liability on that basis, due to copyrights having much longer terms than patents (in most countries creative works such as games are automatically in copyright for many decades, sometimes up to 95 years after their creation).
http://en.wikipedia.org/wiki/Nintendo_Entertainment_System_hardware_clone#Patents