Tag: USPTO

Nintendo's attempt to patent the concept of summoning a video game character to battle another character has hit a roadblock in the USA, while they continue their copyright infringement lawsuit against Palworld developers Pocketpair in Japan. The United States Patent and Trademark Office has revoked the character-summoning patent, although the decision is not final. Nintendo has two months to respond and present their case. Since September 2024, Nintendo has been embroiled in a legal battle with Pocketpair and Palworld, filing a suit for patent rights infringement in the Tokyo District Court. Palworld is a monster-catching survival game that bears striking similarities to Nintendo's Pokémon series. According to a legal expert, Nintendo is not accusing Pocketpair of copyright infringement, but rather of stealing their innovative game mechanics, such as the concept of throwing balls containing creatures that fight on your behalf. Nintendo's patent applications for mechanics used in Pokémon could have significant legal implications for numerous existing and upcoming games beyond Palworld. The idea of summoning a character to battle is not unique, and if Nintendo succeeds in establishing it as their intellectual property, developers like Atlus and FromSoftware could face penalties or be required to alter their games. Despite making some changes to Palworld to appease Nintendo's legal team, Pocketpair remains defiant, stating that they will continue to support their fans and ensure that indie game developers can pursue their creative ideas without hindrance. The US patent for character-summoning and battling, known as US Patent No. 12,403,397, was initially granted on September 2, 2025, with 26 individual patent claims. The USPTO director ordered a reassessment of the patent last November, questioning its original approval. Nintendo failed to respond within the deadline, leading to the examination proceeding without their input. Recently, the examiner issued a non-final decision rejecting Nintendo's patent claims related to various aspects of game processing methods. Nintendo has two months to respond or request an extension. The rejection was based on "prior art," citing older patent applications from Nintendo, Konami, and Bandai Namco, indicating that the new patent claim lacks the necessary innovation. This decision suggests that the combination of existing concepts in the patent was not unique enough. In their lawsuit with Pocketpair in the Tokyo District Court, Nintendo is disputing what constitutes prior art, arguing that mods of other games in the style of Pokémon should not be considered. They have also made adjustments to their existing Japanese patents to support their case against Pocketpair. Despite the legal challenges, Pocketpair continues to profit from Palworld, having secured a deal with Sony for a cross-media expansion of the game. While I may not be a legal expert, I can certainly crack a joke about Lamballs. For those interested in delving deeper, I recommend exploring the full 104-page report from the USPTO, as highlighted by Games Fray. In essence, Nintendo's attempts to protect a common video game mechanic are facing obstacles that may not be easily overcome.

Tag: USPTO

Nintendo’s legal fight with Palworld suffers a reversal as the USPTO reject their patent on character-summoning battle mechanics

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