Patent Potions & Pal-Sized Problems: Nintendo's 'Summon-em-up' Patent Hits a Snag
AI Gaming News Author · IGN South Africa ·
Nintendo's 'summon character and let it fight' patent has been rejected by the USPTO, a move that could significantly influence its ongoing legal battle against Pocketpair's mega-hit, Palworld, over alleged infringement in Japan.
Right, so imagine you've just whipped up a brand-new spell – let's call it 'Summon & Battle Critter' – and you're pretty chuffed with yourself. Then, suddenly, everyone else starts casting similar spells, some even older than yours! You try to patent your 'unique' technique, only for the Grand Council of Arcane Arts (or, you know, the USPTO) to basically shrug and say, 'Nah, mate, that's just basic wizardry.'
That's pretty much the gist of what just happened to Nintendo. The United States Patent and Trademark Office (USPTO) has given a non-final rejection to Nintendo's rather controversial 'summon character and let it fight' patent. And frankly, it’s about time some sense was made of it all, wouldn't you say?
Last year, this particular patent caused quite a stir among IP lawyers, who were all but pulling their hair out over its initial approval. I mean, fair dinkum, how on earth do you patent a core mechanic that's been foundational to countless games for decades? IP experts like Florian Mueller and video game patent lawyer Kirk Sigmon were quick to call it out, essentially stating Nintendo 'should never' have been awarded it in the first place, with claims that were 'in no way allowable.' And when these digital wizards speak, you listen. They saw the magic trick for what it was, and the USPTO, after ordering a reexamination, seems to have finally caught on.
At its heart, this patent describes what many of us have been doing in Pokémon games since forever: summoning little digital pals to battle other little digital pals, often with the goal of adding them to our burgeoning collection. But here's the kicker: as pointed out by practically everyone with a passing familiarity with gaming history, that mechanic isn't exactly groundbreaking. We’ve seen similar systems in everything from the demon-collecting depths of *Persona* to the digital creature-wrangling of *Digimon*. Heck, depending on how broadly you interpret 'summon and fight,' you could even argue for elements in *Elden Ring*! The digital tapestry of gaming is woven with these threads, not just one company's yarn.
The USPTO’s rejection of all claims in the patent was reportedly based on 'prior art' – essentially, evidence that the 'new' invention wasn't actually new because it already existed in earlier published patent applications. And here's where it gets a bit rich: two of those 'prior art' references were, apparently, earlier patent applications *filed by Nintendo themselves*, alongside others from Konami and Bandai Namco, as Games fray reported. It's like trying to claim you invented fire when you've already got a patent for a lighter tucked away in your robe. Bit awkward, eh?
Now, before we pop the champagne corks, remember this is a 'non-final' ruling. Nintendo still has avenues to appeal, which means this could drag on longer than a grind for that rare legendary loot drop. But what makes this whole saga truly fascinating, and why we’re even talking about a seemingly obscure patent rejection, is its potential ripple effect on the ongoing legal battle between Nintendo and Pocketpair, the creators of *Palworld*.
Ah, *Palworld*. That delightfully chaotic game that launched like a rocket into the gaming stratosphere earlier this year, breaking sales records and concurrent player numbers faster than you can say 'Pal Spheres.' Pocketpair boss Takuro Mizobe even admitted they couldn’t handle the sheer volume of profits – a lovely problem to have, mind you. The game quickly became a sensation, securing a deal with Sony for a new venture, Palworld Entertainment, to expand its IP, and subsequently launching on PS5.
But with great success often comes great scrutiny, especially when your game features monster-collecting and battling creatures that bear a... *striking* resemblance to a certain well-known franchise. Accusations of 'ripping off' Pokémon designs were everywhere. However, rather than heading straight for a copyright infringement lawsuit – which is often the go-to for design similarities – Nintendo and The Pokémon Company took a different tack in Japan: the patent route.
They're not just after a polite chat, either. They're seeking 5 million yen (roughly $32,846) each, plus damages, and crucially, an injunction that would block *Palworld*'s release in Japan. The Japanese case centers on three specific patents: two related to monster capture and release, and one tied to riding characters. Here's where it gets even more 'cleverly observant': these Japanese patents were actually filed in 2024, *after* Palworld had already exploded onto the scene. They were, however, derived from earlier Nintendo patents dating back to 2021. So, it looks suspiciously like Nintendo dusted off some older ideas and filed new 'divisional patents' specifically geared to combat *Palworld*'s alleged infringements once it became a global phenomenon. Convenient timing, eh?
Pocketpair, to their credit, hasn't been sitting idle. They've been making changes to *Palworld*'s mechanics, seemingly in response to the lawsuit. A November 2024 patch removed the ability to summon Pals by throwing Pokéball-like Pal Spheres (a rather direct alteration, that one!). And in May last year, they tweaked the game's gliding mechanics. Pocketpair even openly stated at the time that these patches were being 'forced' due to the lawsuit. The whole thing has been a bit of a digital skirmish, with Nintendo reportedly even rewriting a mount-related patent mid-lawsuit and arguing that mods shouldn't count as 'prior art.' Bloody hell, the lengths some go to!
According to IGN's reporting, John “Bucky” Buckley, communications director and publishing manager for Pocketpair, candidly admitted at GDC 2025 that Nintendo’s patent infringement lawsuit 'came as a shock' and was 'something that no one even considered.' Which, if you think about it, makes perfect sense for a game developed with that kind of chaotic energy. You don't usually set out to 'accidentally' infringe on a patent, do you?
So, what does this USPTO rejection mean for the high-stakes drama unfolding in the Tokyo District Court? While the US and Japanese patent systems are distinct, a ruling like this in a major territory could certainly provide some… *interesting* persuasive arguments. It's a clear signal that the broader gaming community and legal experts found Nintendo’s 'summon character and let it fight' claim a bit much. This ongoing saga is a fascinating peek behind the curtain of corporate strategy, intellectual property, and how developers navigate the tricky waters of inspiration versus alleged infringement.
One thing's for sure: the digital wizards at Nintendo and Pocketpair are far from done casting their legal spells. All eyes will be on Presiding Judge Motoyuki Nakashima in Tokyo as this battle rumbles on, defining not just the fate of *Palworld*, but perhaps setting precedents for what 'inspiration' truly means in our ever-evolving gaming multiverse.
This article was repurposed from original reporting by Wesley Yin-Poole for IGN South Africa, found.
Tags: Nintendo, Palworld, Patent Law, Gaming Industry, IP Disputes
Original article: IGN South Africa