Nintendo’s arsenal against Palworld is in serious trouble. In a move almost unheard of, the head of the U.S. Patent Office has personally stepped in to review one of Nintendo’s most controversial patents, the one that claims ownership of a basic game mechanic "summoning a helper and letting it fight in one of two modes."
In our previous article on Nintendo's U.S. efforts to collect anti-Palworld patents, patent 12403397 garnered quite the outcry from the gaming community as it targeted such a generic gaming mechanic used in hundreds of other games.
It looks like the outrage actually worked. Latest findings from Gamesfray show that the head of the U.S. Patent Office has stepped in to review whether this should have been granted in the first place.
Why are the U.S. Patent Office reviewing the patent?
Yesterday, USPTO Director John A. Squires ordered a "reexamination" of Nintendo’s U.S. Patent No. 12,403,397. So the patent office is taking another look at whether this patent should exist at all. Why?
Because two older patents, one from Konami (2002) and one from Nintendo itself (2019) already describe the same idea. Both show a player being able to fight in manual mode or automatic mode, which was the key feature Nintendo claimed was unique.
This is huge. The last time a USPTO Director did this was more than a decade ago. Normally, these reviews only happen when a company files a challenge. Here, the Director has acted on his own. Likely because of the backlash over this patent from gaming media and potential damage the reputation of the U.S. Patent system.
After all, the mechanic is in so many other games, it baffled many of us that those who put the patent through didn't spot this.
What happens next?
Nintendo has two months to respond to the reexamination order, and even Director ordered reexaminations can be upheld. However, it's highly likely the patent will be revoked based on its similarity to other existing patents.
Given that this comes just days after the Japan Patent Office rejected a "monster capture" patent claim from Nintendo because it wasn't original enough, it's not looking good. Two of the world's biggest patent offices are now questioning Nintendo's strategy.
Nintendo claims these patents are to protect innovation, but it does look from the outside that it's an attempt to monopolize basic game rules in their ongoing battle against Palworld.
For now, the clock is ticking on Nintendo to respond, but the fact the USPTO Director himself has stepped in shows just how controversial this "summon and fight" patent is.
FAQ
Why is Nintendo suing Pocketpair?
Nintendo claims that Palworld copies core mechanics from Pokémon and infringes on several patents it holds in Japan. These patents cover creature capture and other mechanics.
What's happening with Nintendo vs Palworld in Japan?
The lawsuit is ongoing, but Nintendo's position has slightly weakened. The Japan Patent Office recently rejected on of Nintendo's key patent applications, citing older games like ARK as prior art. This rejection affects the same patent family as those Nintendo are using in its case against Pocketpair.
Is Nintendo suing Pocketpair in the US?
Not yet. And maybe never. Nintendo did get some U.S. patents through including the “smooth switching of riding objects” but the most recent patent for "summoning a subcharacter to fight in two modes" is being reexamined and may be revoked.
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