Intellectual property attorneys have raised concerns about the U.S. patent system following Nintendo's acquisition of a Pokémon-related patent covering character summoning and combat mechanics.
Games Fray revealed that U.S. Patent No. 12,403,397 was approved by the USPTO "without opposition" amid Nintendo's ongoing legal battle with Pocketpair's Palworld.
The patent essentially describes core Pokémon gameplay mechanics—capturing creatures and deploying them in battles—yet numerous other franchises like Persona, Digimon, and arguably Elden Ring utilize comparable systems depending on interpretation.
Games Fray noted this 2023-filed patent attempts to cover techniques Pocketpair sought to circumvent, warning it could "fundamentally threaten creativity and innovation across the gaming industry."
Legal experts suggest Nintendo could potentially target any game implementing these specific mechanics:
The game must run on PCs, consoles, or computing devices with storage media.Player navigation through virtual environments.A summoning system for non-player characters (termed "sub-characters" like Pokémon).Two mutually exclusive combat initiation scenarios:Engaging summoned characters against existing opponents.Deploying characters where no immediate combat occurs.Automated battles triggered when directing characters toward opponents—though this overlaps with scenario four.
The gaming community and legal professionals have expressed alarm regarding potential implications for current and future titles. IP specialist Florian Mueller condemned Nintendo's patent approval on social media, while game patent attorney Kirk Sigmon told PC Gamer the claims were "in no way legally permissible."
These types of patents are too often used in bad faith https://t.co/89972KD6NB
— Very AFK (@Cromwelp) September 10, 2025
Mueller highlighted global concerns, noting Japan's patent office similarly granted Nintendo controversial protections: "They amended litigation patents against Palworld—absurd developments."
Former Pokémon Company legal chief Don McGowan predicted the patent would face challenges: "When developers inevitably ignore this and present decades of prior art in court, Nintendo won't enjoy Bandai Namco's loading screen patent advantage."
Nintendo's expanding portfolio now includes U.S. Patent No. 12,409,387 covering "dynamic riding object transitions," alongside existing protections for capture item mechanics akin to Poké Balls.
These developments follow Nintendo's lawsuit against Palworld involving three JPO-approved patents (filed 2024 but based on 2021 concepts) regarding monster capturing and riding systems—apparently tailored against Palworld after its release.
Pocketpair subsequently modified Palworld's controversial mechanics through updates:November 2024: Removed sphere-throwing summonsMay 2025: Revised gliding mechanicsJuly 2025: Nintendo amended patent language
At GDC 2025, Pocketpair's communications director John Buckley discussed the studio's challenges—including disproven AI/generation accusations and Nintendo's lawsuit which "caught the team completely unprepared."
