According to Eurogamer.net, the US Patent and Trademark Office has taken the “rare” step of re-examining Nintendo’s previously granted Pokémon patent (No. 12,403,397) that covers gameplay mechanics for summoning sub-characters to battle enemies. USPTO director John A. Squires personally ordered the re-examination in November 2024 after discovering prior art references in two older patents – one filed by Konami in 2002 and another by Nintendo itself in 2019. This development comes just weeks after Japan rejected Nintendo’s March 2023 patent application for monster capture and throwing mechanics, with both actions potentially undermining Nintendo’s ongoing patent infringement lawsuit against Palworld developer Pocketpair. The US re-examination order marks the first such director-initiated action since 2012 and makes it “highly likely” the patent will be revoked, though Nintendo has two months to respond.
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<h2 id="patent-problems”>Why This Patent Fight Matters
Here’s the thing about patent lawsuits in gaming – they’re rarely about the specific mechanics themselves and more about who gets to own fundamental gameplay concepts. Nintendo is essentially trying to patent the idea of “summon helper, helper fights for you,” which… come on. That’s been around since the earliest RPGs. The USPTO director specifically cited Konami’s 2002 patent and Nintendo’s own 2019 filing as prior art that should have been considered originally. When you can’t even get past your own previous patents, that’s a pretty strong signal your new claims might not hold water.
The Real Stakes for Game Developers
This isn’t just about Pokémon versus Palworld – it’s about whether large companies can lock down basic game mechanics that have become industry standards. Pocketpair’s response to Nintendo’s lawsuit said they wanted to ensure small studios wouldn’t be “hindered or discouraged from pursuing creative ideas,” and that’s exactly what’s at stake here. If Nintendo succeeds in patenting these mechanics, we’re looking at a future where every game featuring companion characters in battle could face legal challenges. That’s terrifying for indie developers working with limited legal budgets.
Where This Legal Battle Heads
Nintendo now has two months to defend its patent in the US while also dealing with the rejection in Japan. But here’s the interesting part – third parties can also submit challenges during that window, meaning we might see other developers and companies weighing in. Given that the Japan rejection was based on documentation from what’s believed to be Pocketpair themselves, pointing to similar mechanics in Monster Hunter 4, Ark: Survival Evolved, and Pokémon Go, this could become a much broader industry conversation. Basically, if multiple major games already used these mechanics before Nintendo’s patent application, how can they possibly claim ownership now?
Why Everyone Should Care
Look, patent trolling in gaming isn’t new, but when it’s coming from one of the industry’s most respected companies, that’s concerning. The fact that both US and Japanese patent offices are pushing back suggests these claims were pretty weak to begin with. For players, this might seem like legal technicalities, but it directly affects what games get made and what mechanics developers feel safe using. When companies can patent “character helps you fight,” we’re all poorer for the games that never get made because developers are afraid of lawsuits. Isn’t the whole point of gaming innovation that we build on each other’s ideas?
