Nintendo Loses Key Patent Case Over Pokémon
▼ Summary
– A U.S. patent examiner rejected Nintendo’s broad patent (#12,403,397) that covered summoning characters for battles in video games.
– The patent had been granted in July 2023 but was re-examined after prior art from companies like Konami was identified.
– This rejection is a non-final action, meaning Nintendo can still appeal the decision within a set timeframe.
– Nintendo’s separate legal efforts against Palworld developer Pocketpair have also faced scrutiny, including a low damages claim and post-facto patent amendments.
– Both Japanese and U.S. patent offices have shown skepticism toward Nintendo’s attempts to legally challenge Palworld.
Nintendo’s aggressive legal strategy against the game Palworld has hit another significant roadblock. A U.S. patent examiner has rejected a key and controversial patent the company was attempting to wield, marking a notable setback in its campaign against developer Pocketpair. This development underscores the challenges Nintendo faces as it employs patent litigation in a contentious bid to challenge its competitor.
The patent in question, number 12,403,397, was surprisingly granted by the USPTO in July of last year. Its scope was remarkably broad, essentially claiming ownership over a common video game mechanic: allowing a player to summon characters for battles. The patent’s language sought to restrict other developers from using “sub-characters” under player control, whether directly or indirectly. Had it been enforced, this overly broad patent could have created severe limitations across the entire gaming industry, impacting countless titles that utilize similar companion or summoning systems.
The situation began to unravel months later. Upon review, it was recognized that existing patents from companies like Konami, Bandai Namco, and even Nintendo itself should have blocked this new application. The USPTO has now issued a non-final Office action, formally rejecting all claims within the patent. This “non-final” designation is crucial, as it allows Nintendo a window to appeal the decision. The company has two months to respond, with options to extend that deadline. While the patent’s rejection seems a logical step, the complex patent law system means the battle is not yet conclusively over.
This episode is part of a broader pattern of legal struggles for Nintendo concerning Palworld. Incensed by the game’s clear similarities to its Pokémon franchise, Nintendo appears to have shifted tactics. With limited grounds for a traditional copyright or trademark case, the company turned to strategic patent filings in an attempt to establish prior art after Palworld’s release. This approach has drawn skepticism from multiple quarters. Last year, the Japanese Patent Office raised pointed questions, noting that games such as Monster Hunter 4 and ARK featured the very mechanics Nintendo was trying to claim, long before its own recent Pokémon titles.
The company’s legal maneuvers have sometimes seemed disproportionate. It was revealed that one lawsuit against Pocketpair sought damages of just $65,000, while several patents cited in the case were based on amendments filed after Palworld launched. With both U. S. and Japanese authorities scrutinizing these actions, Nintendo’s desperate legal strategy is facing mounting institutional doubt. For many observers, the prudent course would be for the gaming giant to step back from this fight. Given its history of vigorous defense of its intellectual property, however, such a retreat appears unlikely.
(Source: Kotaku)
