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So, if I want to use the falcon in a commercial game, can I do it or should I pay money for it.

It's ok, the patent has expired: https://patents.google.com/patent/US5690334A/en?oq=5690334

Thanks Greg!

The Falcon is a generalization of the Korean Elephant.

A 3d version of the Falcon that would make sense, would also incorporate root-3 diagonal “Unicorn” moves. A combination of Duke’s Falcon with Gilman’s Vulture, Kite, and a piece Gilman surprisingly didn’t name (I think it would be a “Multipath Stepping Fortnight”, if my Gilmanese is correct). Gilman calls the leaping version of this piece a “Trison”.

Which of the two possible stepping Fortnights do you mean?

• The one taking one each of wazir, ferz, and viceroy steps? Given that Gilman starts from the various bent/crooked pieces which only have two kinds of step, this is probably a bit out of scope (corkscrew pieces with one kind of step aside).
• The one taking three Ferz steps, two in one direction and one at 60° (dual to the hex Shearwater)? That'd match the two‐of‐one‐and‐one‐of‐the‐other pattern of the Falcon, and arguably as a Shearwater extrapolation could be nameworthy (I'd've suggested Fulmar, a family of birds related to shearwaters beginning with the F of fortnight as shearwater begins with the S of sennight, but it's already taken (albeit with unclear etymology) for Zephyr+Lama; perhaps Petrel, the group including the fulmars and still beginning with a labial consonant, would suit it?), but presumably he either didn't consider two diagonal directions different enough without the AltOrth‐ness, or it just didn't occur to him. And there are also Nonstandard Diagonals at small enough angles (35°) for more Falcon‐like pieces there too

For a stepping‐Trison component I'd probably choose the former, but individually both are interesting enough imo. There's still a few bird‐of‐prey names unused I think so if one were keen to name them in Gilmanesque fashion all that'd remain would be finding a game to use them in…