Didn't they apply for this same patent during the design of PS3? Sony and Microsoft have such massive contracts with retailers for pre-purchase and new releases, and with previously-loved games being the majority of profit for these brick and mortars, they'd never let that fly.
This is the start of seeing consoles going exclusively digital, but we're a long way away from that. I suppose they don't like the idea of you bringing your copy of whatever game to your buddy's place and just popping it into their system. Although that doesn't mean you can't just sign into your account on their console and play the game from there, you can't just leave them the game after you've played it out.