Nintendo's 'Summon Character and Let It Fight' Pokémon Patent Rejected by USPTO Amid Ongoing Palworld Dispute

The United States Patent and Trademark Office (USPTO) has turned down Nintendo's controversial patent regarding the 'summon character and let it fight' mechanic, following extensive criticism from intellectual property attorneys in the previous year. In November, the USPTO's director initiated a reexamination of the patent after legal experts expressed concerns about its legitimacy. IP specialist Florian Mueller took to social media, asserting that Nintendo should never have been granted a patent for this mechanic. Video game patent attorney Kirk Sigmon also weighed in, stating that the claims associated with the patent were not justifiable. Currently, Nintendo and The Pokémon Company are engaged in legal proceedings against Pocketpair's Palworld in Japan, with the patent forming a central aspect of the case. This particular patent encompasses the core gameplay of Pokémon titles, where players summon Pokémon to battle one another in hopes of capturing them. However, many games, including Persona, Digimon, and even Elden Ring, feature similar mechanics, raising questions about the uniqueness of Nintendo's claims. Reports indicate that the USPTO has rejected all claims tied to the disputed patent, citing 'prior art' references from previously published U.S. patent applications. Notably, two of these applications were submitted by Nintendo itself, with others filed by Konami and Bandai Namco. It's important to highlight that this rejection is non-final, meaning Nintendo has the option to appeal, potentially prolonging the matter. The implications of this ruling on the ongoing lawsuit with Pocketpair are particularly significant, especially since the legal battle has been relatively quiet since October last year. Palworld made a remarkable debut on Steam at a price point of $30 and also became available on Game Pass for Xbox and PC in early 2024, achieving record-breaking sales and player engagement. Takuro Mizobe, the head of Pocketpair, noted the overwhelming success of Palworld, which generated profits beyond their expectations. In response, the developer quickly moved to form a new entity named Palworld Entertainment in collaboration with Sony, aiming to further develop the franchise. The game has since been launched on PS5. Following the success of Palworld, some comparisons have been drawn between its creatures, known as Pals, and Pokémon, with accusations of design similarities arising. Instead of pursuing a copyright infringement route, Nintendo and The Pokémon Company opted to challenge Pocketpair through patent claims, seeking 5 million yen (approximately $32,846) each in damages, along with late fees and a request for an injunction to prevent Palworld's release. The ongoing case revolves around three main patents issued in Japan: two concerning the capture and release of monsters and one related to character riding mechanics. All three patents were filed in 2024, subsequent to Palworld's launch, yet they draw from earlier Nintendo patents established in 2021. This suggests that following Palworld's rise to prominence, Nintendo filed divisional patents specifically targeted at addressing alleged infringements on their original patents. Since the lawsuit commenced, Pocketpair has made several adjustments to Palworld's gameplay features. For instance, a patch released in November 2024 removed the ability to summon Pals using Pokéball-like Pal Spheres, while another update in May last year altered the game's gliding mechanics. Pocketpair has stated that these modifications were necessitated by the ongoing litigation. The legal proceedings have continued, with Nintendo even amending one of its patents related to mounts during the lawsuit, and contesting that mods should not be considered as prior art in this context. All attention will be directed toward Presiding Judge Motoyuki Nakashima, who oversees the patent division of the Tokyo District Court. Meanwhile, Pocketpair is actively updating Palworld in preparation for its full 1.0 launch. At the upcoming Game Developers Conference (GDC) in March 2025, a discussion will take place with John “Bucky” Buckley, the communications director and publishing manager at Pocketpair, following his presentation titled 'Community Management Summit: A Palworld Roller Coaster: Surviving the Drop.' Buckley is expected to address various challenges faced by Palworld, including the allegations of utilizing generative AI and appropriating Pokémon models for its Pals, as well as the surprise surrounding Nintendo’s patent infringement lawsuit against the company.