The United States Patent and Trademark Office has ordered a rare re-examination of a recently granted Nintendo patent related to Pokémon-style monster summoning mechanics. This development, seen as a potential setback in Nintendo's lawsuit against Palworld developer Pocketpair, stems from prior art in older patents. Nintendo now has two months to respond to the challenge.
Background on the Patent and Lawsuit
Nintendo secured Patent No. 12,403,397 in September, following an application filed in March 2023. The patent covers gameplay elements such as controlling a player character in a virtual space, summoning a sub-character to battle enemies, and automating movements or battles. This patent is central to Nintendo's ongoing infringement lawsuit against Pocketpair, the studio behind the hit survival game Palworld, which launched successfully last year and features creature-capturing mechanics reminiscent of Pokémon but with firearms.
The lawsuit, filed last year, accuses Pocketpair of infringing multiple Nintendo patents. Pocketpair has vowed to defend itself, stating it aims to protect small studios from being discouraged in their creative pursuits.
Details of the Re-Examination
USPTO Director John A. Squires personally ordered the re-examination, citing 'substantial new questions of patentability.' He referenced two prior art patents: one filed by Konami in 2002 and another by Nintendo in 2019, both involving manual and automatic control of characters in virtual battles. This is reportedly the first such director-ordered re-examination since 2012.
While the order does not guarantee revocation, experts like those at Games Fray suggest it makes invalidation highly likely. Nintendo must respond within two months, during which third parties can also submit challenges.
Broader Context
This US action follows a recent rejection by Japan's Patent Office of a related Nintendo application for monster capture and throwing mechanics. That rejection, based on prior examples in games like Monster Hunter 4, Ark: Survival Evolved, and Pokémon Go, was informed by documentation from an unnamed third party, believed to be Pocketpair. The developments highlight ongoing scrutiny of Nintendo's aggressive patent strategies in the gaming industry.