Nintendo Faces Another Setback in Ongoing Pokémon Patent Dispute

Nintendo’s efforts to take down Palworld through patent litigation are hitting some serious roadblocks. The gaming giant, known for its legal victories, is struggling to make headway against Pocketpair’s overt provocations. The latest setback comes as a U.S. patent examiner has dismissed Nintendo’s questionable character summoning patent, but the battle is far from over.

The patent in question, #12,403,397, was surprisingly granted by the United States Patent and Trademark Office (USPTO) last July, despite its glaring issues and the unreasonable restrictions it would impose on game development. This patent would allow Nintendo to sue any company that created a game enabling players to summon characters for battles, a claim so broad it could even prevent the summoning of “sub-characters” for any form of control. The granting of “397” raised eyebrows, and if enforced, it could have significant repercussions for the entire gaming industry.

Months later, John A. Squires, a key figure at the USPTO, recognized the oversight. He noted that companies like Konami, Bandai Namco, and even Nintendo had previously filed patents that should have blocked “397” from approval, prompting a reevaluation. Now, the wheels are in motion to potentially invalidate the patent.

According to reports, the USPTO has issued a “non-final Office action” rejecting all claims within the patent.

The “non-final” designation is crucial; this isn’t the end of the line, as Nintendo has the option to appeal within two months, with the possibility of extending that timeframe. However, one would think the patent’s glaring flaws would make success unlikely. Unfortunately, patent law is notoriously convoluted, and navigating it is no small feat.

This isn’t the first time Nintendo has stumbled in its patent enforcement efforts. Frustrated by Palworld’s apparent imitation of its Pokémon characters, Nintendo attempted to file patents post-release to assert prior art, despite the slim chances of success. Whether driven by overconfidence or misguided legal advice, the strategy has not garnered much support. It was revealed that Nintendo was suing Pocketpair for a mere $65,000, and many of the patents it sought to leverage were based on amendments made after Palworld’s launch. Furthermore, the Japanese Patent Office highlighted the dubious nature of Nintendo’s claims, pointing out that games like Monster Hunter 4 and ARK featured similar mechanics long before Pokémon Scarlet and Violet were released.

With both Japanese and U.S. patent offices scrutinizing Nintendo’s unusual determination to take down Pocketpair—who, it’s worth noting, have been openly taunting Nintendo from the start—it would be wise for the Mario creators to step back and let this one go. However, that seems highly unlikely at this point.