Nintendo’s lawsuit against Palworld just hit a snag. The US Patent and Trademark Office (USPTO) has ordered a reexamination of a key Nintendo patent expected to be wielded in the case. Games Fray reports that the office is reviewing the Switch maker’s patent regarding “summon subcharacter and let it fight in 1 of 2 modes.” If we view Nintendo’s Palworld lawsuit as a test bed for monopolizing game mechanics, the development can only be seen as a good thing.
Several factors make the reexamination unusual. First, Nintendo’s patent in question (No. 12,403,397) was just granted in September. The review was personally ordered by newly sworn-in USPTO Director John A. Squires. The Trump appointee has historically sided with patent holders, making it harder to contest them. Stranger still, Games Fray says this may be the USPTO’s first patent reexamination in over a decade.
Palworld (Pocketpair)
Those ingredients suggest widespread blowback may be the driving force. Although Palworld developer Pocketpair is Nintendo’s immediate target, it’s easy to see the case opening a Pandora’s box where developers fear using well-established game mechanics. Indie developers would be particularly vulnerable. The “slippery slope” commentary practically writes itself.
If Nintendo’s patent is ultimately invalidated, we may be able to thank Konami. A 2002 patent application from the maker of Metal Gear and Castlevania was cited as prior art, casting doubt on Nintendo’s claim. A separate Nintendo patent, published in 2020, was also listed as possible prior art. Games Fray‘s report dives much deeper into the legal weeds.
Nintendo now has two months to respond. During that period, third parties can come forward with additional prior art references. As a nervous industry eyes Nintendo’s case as a potential test bed for monopolizing game mechanics, don’t be shocked if gaming lawyers search far and wide for more examples.
