A heated debate has erupted around Nintendo’s recent ‘summon character and let it fight’ Pokémon patent. The United States Patent and Trademark Office is now reconsidering its decision after significant backlash from intellectual property attorneys.
Last month, reports suggested that Nintendo received a Pokémon patent, which involves summoning a character to battle. This patent, labeled Patent No. 12,403,397 or the ‘397 patent, has drawn attention due to its potential impact on numerous games that employ similar mechanics. These include titles like Persona, Digimon, and Elden Ring.
Nintendo’s Patent Under Scrutiny
Sources have stated that the USPTO granted the ‘397 patent without objection, even as Nintendo faces ongoing legal challenges with Pocketpair’s Palworld. The patent outlines a common mechanic in Pokémon games where creatures are summoned for battle. However, this concept is not unique to Pokémon alone, prompting legal experts to question the patent’s validity.
Intellectual property specialist Florian Mueller strongly criticized the patent’s approval, asserting that these claims should never have been permissible. Similarly, Kirk Sigmon, a video game patent attorney, highlighted the questionable nature of these claims.
In a surprising move, the new director of the USPTO, John A. Squires, has called for a reexamination of the patent. He cited significant new questions about the patent’s legitimacy, drawing attention to previous patents by Konami and Nintendo as critical references in this reassessment.
Impact on Nintendo’s Legal Battle
Mueller noted that the reexamination was prompted by public dissatisfaction with the patent’s approval and concerns about the broader implications for the U.S. patent system. Although this step is not a direct revocation, it suggests a high likelihood that the ‘397 patent might be overturned, with Nintendo required to respond within two months.
This development adds another layer to the legal tussle between Nintendo and Pocketpair over Palworld. It could potentially weaken Nintendo’s stance against Pocketpair, as Mueller indicated it damages the credibility of Nintendo’s claims.
Previously, Nintendo faced setbacks when the Japan Patent Office rejected a related patent for lacking originality. Games like ARK, Monster Hunter 4, and Kantai Collection were cited as precedents challenging the patent’s novelty.
The Road Ahead for Nintendo and Pocketpair
Pocketpair has responded by tweaking Palworld’s mechanics to address these patent issues. Changes include altering summoning methods and modifying gameplay elements like gliding. Meanwhile, Nintendo has attempted various strategies, including rewriting patents mid-lawsuit and disputing the consideration of mods as prior art.
Looking forward, experts anticipate further legal developments in the coming year, with all eyes on the Tokyo District Court’s Judge Motoyuki Nakashima. Mueller speculated that it is increasingly probable Nintendo will face a unfavorable outcome.
Despite these challenges, Pocketpair continues its work on Palworld. The studio has addressed other controversies, such as accusations of using generative AI and copying Pokémon models, which have since been clarified.
In related news, former Capcom developer Yoshiki Okamoto voiced his disapproval of Palworld’s actions, sparking debate among industry observers. As the legal proceedings unfold, the gaming community remains attentive to any significant developments.