Nintendo’s controversial “summon and fight” patent could get smacked down, in a shock move, by the head of the U.S. Patent Office

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Nintendo’s efforts to address the popularity of Palworld are facing a significant challenge. In a rare move, the director of the U.S. Patent Office is personally reviewing a key Nintendo patent. This patent is at the center of controversy because it broadly claims ownership of a common game feature: calling upon a helper character to fight in one of two ways.

Our last article discussed Nintendo’s attempts to patent game ideas in the U.S., and one patent in particular – number 12403397 – caused a lot of debate. Gamers were upset because it seemed to cover a very common game feature found in many different games.

It seems public criticism has had an effect. Gamesfray reports that the director of the U.S. Patent Office is now looking into whether the patent should have been approved originally.

Why are the U.S. Patent Office reviewing the patent?

The U.S. Patent and Trademark Office (USPTO) is reviewing Nintendo’s patent (U.S. Patent No. 12,403,397) at the request of Director John A. Squires. This review, called a “reexamination,” will determine if the patent should remain valid. The question now is, what prompted this second look?

This feature isn’t new, as similar concepts were already patented in 2002 by Konami and in 2019 by Nintendo themselves. Both patents detail players being able to switch between manually controlling a character and letting the game play automatically – the very feature Nintendo highlighted as being original.

Okay, this is a really big deal. Apparently, it’s been over ten years since a USPTO Director proactively stepped in like this! Usually, these patent reviews only happen if a company formally challenges something. But this time, the Director is initiating the review on their own. I’m guessing it’s due to all the negative attention this patent has gotten from the gaming community, and the potential harm to the credibility of the US patent system as a whole.

It was surprising to many of us that the patent office didn’t notice this mechanic already existed in so many other games.

What happens next?

Nintendo has sixty days to respond to the request for a second look at the patent. While a director’s order for reexamination can be supported, it’s very probable the patent will ultimately be cancelled because it closely resembles existing ones.

With the Japan Patent Office recently denying Nintendo a patent for a “monster capture” concept due to a lack of originality, things aren’t looking promising for the company. This is the second major patent office to raise concerns about Nintendo’s approach to patents.

Nintendo says these patents are about protecting their creative work, but many believe they’re actually trying to control fundamental gameplay elements as part of their competition with the game Palworld.

As an analyst, I’m watching Nintendo closely – they really need to address this patent situation soon. The fact that the Director of the USPTO is personally involved highlights just how much debate surrounds this “summon and fight” technology.

FAQ

Why is Nintendo suing Pocketpair?

Nintendo alleges that Palworld borrows key gameplay elements from Pokémon and violates Japanese patents they own. These patents relate to how creatures are captured and other related game features.

What’s happening with Nintendo vs Palworld in Japan?

The legal battle is still happening, but Nintendo’s arguments have become a little less strong. Japan’s patent office recently turned down one of Nintendo’s important patent applications, pointing out that similar ideas appeared in older games like ARK. This rejected patent is related to the same technology Nintendo is using in its lawsuit against Pocketpair.

Is Nintendo suing Pocketpair in the US?

Nintendo hasn’t succeeded yet, and may not in the future. While they’ve obtained some U.S. patents, including one for seamlessly changing between rideable objects, a recent patent for a system allowing a secondary character to fight in multiple ways is currently under review and could be cancelled.

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2025-11-04 16:40