{"id":22394,"date":"2025-11-10T11:50:02","date_gmt":"2025-11-10T02:50:02","guid":{"rendered":"https:\/\/minnano-rakuraku.com\/contents\/?p=22394"},"modified":"2025-11-14T11:31:07","modified_gmt":"2025-11-14T02:31:07","slug":"palworldlawsuit-en","status":"publish","type":"post","link":"https:\/\/minnano-rakuraku.com\/contents\/en\/palworldlawsuit-en-22394\/","title":{"rendered":"Nintendo’s Palworld Patent War Backfires: Why the USPTO is Challenging the ‘Summoning’ Patent"},"content":{"rendered":"

The hottest news circulating among gamers right now has to be the patent infringement lawsuit filed by Nintendo and The Pok\u00e9mon Company against Pocketpair, the developers behind the global sensation Palworld<\/em>. Since its announcement, the game has sparked a fierce international debate: is it merely a Pok\u00e9mon<\/em> clone, or does it represent a new era of innovation? Many assumed that once Nintendo’s renowned legal team\u2014often nicknamed the “Nintendo Ninjas”<\/strong>\u2014got involved, the battle was over.<\/p>\n

However, this complex intellectual property war has transcended a simple corporate dispute. It has become a global controversy questioning the very nature of creative freedom and the patent system within the gaming industry. In a highly unusual turn of events, the tide may be turning against Nintendo, particularly in the United States<\/strong>. This article breaks down why the lawsuit was filed, details the latest developments in the US and Japanese legal arenas, and explains why Nintendo’s position in America is now facing severe jeopardy. Read on to gain clarity on this complicated legal fight and understand the hints about where the industry might be headed next.<\/p>\n

Related Post<\/h5>
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\n \"Palworld\n <\/div>\n
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Palworld Patent Infringement Lawsuit: Nintendo\u2019s Legal Action and Global vs. Japanese Reactions<\/h6>\n

On September 19, 2024, Nintendo announced that it has filed a lawsuit against game developer Pocket Pair Inc. (Shinagawa-ku, Tokyo) jointly with Pok\u00e9mon Inc. for infringement of multiple patents in Palworld. Palworld is an open world survival crafting monster raising game distributed on the PC game distribution platform Steam. Since...<\/p>\n <\/div>\n <\/a>\n <\/div><\/div><\/div>\n

Palworld Explained: What Is This Massive Hit Game?<\/h2>\n

\"Palworld\"<\/p>\n

(Source: PR TIMES<\/a>)<\/p>\n

Palworld<\/em><\/a> is an open-world survival crafting game developed and published by the Japanese studio Pocketpair.<\/p>\n

The game centers on the Palpagos Islands, where players capture creatures called “Pals” using “Spheres,” then utilize them for base building, combat, and survival.<\/p>\n

Since its Early Access release on January 19, 2024, Palworld<\/em>‘s popularity has exploded. In just one month, it surpassed 25 million total players, hitting 15 million copies sold on Steam<\/a> and 10 million users on Xbox<\/a>. It was a particularly massive hit in the American market.<\/p>\n

A key feature that garnered media attention was the game’s dark twist on the monster-collecting genre: players can force Pals into hard labor, sell them, or even use them for food. The game was quickly dubbed “Pok\u00e9mon With Guns”<\/strong>. While the core concept involves collecting monsters, the CEO of Pocketpair stated that the survival elements were inspired by games like Rust<\/em> and ARK: Survival Evolved<\/em><\/a>.<\/p>\n

Pocketpair, founded in 2015, is an indie studio. In July 2024, they established Palworld Entertainment Inc.<\/a>, a joint venture with Sony Music Entertainment<\/a> and Aniplex<\/a>, aimed at expanding the IP globally.<\/p>\n

Why the Legal Battle is About Patents, Not Plagiarism<\/h2>\n

\"Gold<\/p>\n

Immediately following Palworld<\/em>‘s release, social media erupted in controversy over claims that some Pal designs closely resembled Pok\u00e9mon, raising copyright infringement (plagiarism) allegations<\/strong>.<\/p>\n

The Pok\u00e9mon Company issued a statement on January 25, 2024, without naming Palworld<\/em>, confirming that they would investigate any intellectual property (IP) infringement and take appropriate action.<\/p>\n

However, eight months after the game\u2019s launch, on September 19, 2024, Nintendo and The Pok\u00e9mon Company officially sued Pocketpair in the Tokyo District Court, not for copyright infringement, but for patent infringement<\/strong>. The lawsuit seeks an injunction to halt the game’s activities and demands damages (a minimum of $100,000\u2014\u00a510 million, split between the two companies).<\/p>\n

The Core of the Litigation: Game Mechanic Patents<\/h3>\n

According to Pocketpair, the lawsuit revolves around three Japanese patents related to fundamental game mechanics:<\/p>\n

    \n
  1. Patent No. 7493117 (Capture\/Combat):<\/strong> Concerns the mechanism of throwing an item (like a Sphere) to capture a field character or summon a battle character to initiate combat.<\/li>\n
  2. Patent No. 7545191 (Throwing Items):<\/strong> Concerns selecting one of multiple capture items and throwing it in the aiming direction.<\/li>\n
  3. Patent No. 7528390 (Mounting\/Movement):<\/strong> Concerns the ability of the player to perform an input while airborne to mount a character (a flying Pal) and move through the air (the “flying start” mechanic).<\/li>\n<\/ol>\n

    “Split Applications” and the Strategy of Restriction<\/h3>\n

    Crucially, all three patents cited in the lawsuit were officially registered after Palworld<\/em>‘s early access release in 2024<\/strong>.<\/p>\n

    However, they were obtained using a legal maneuver called a “split application”<\/strong> based on “parent patents” originally filed in 2021. This strategy allows Nintendo to narrow the claims of a pending application to specifically target features implemented in a competitor’s product, such as Palworld<\/em>, thereby gaining an advantage after the competing product has launched.<\/p>\n

    Nintendo’s decision to pursue patent infringement instead of copyright infringement is seen as a strategic move. Patent infringement claims, especially concerning game system mechanics, are often easier to prove than complex copyright claims concerning character design similarities.<\/p>\n

    Furthermore, legal experts suggest that Nintendo\u2019s actual goal is not the minimum $100,000 in damages (which is minimal compared to Palworld<\/em>‘s estimated $692 million in sales). Instead, their true objective is an “injunction”<\/strong>\u2014forcing Pocketpair to remove core mechanics<\/strong> like the Pal-capturing system and specific summoning\/mounting methods from the game. If successful, this would mandate a fundamental redesign of Palworld<\/em>‘s gameplay experience.<\/p>\n

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    Capcom's completely new sci-fi action-adventure game, *PRAGMATA* (Pragmata), has captured the attention of many gamers since its announcement. After a long period of silence following its information release in 2020, the anticipation has reached a fever pitch with the confirmed release date set for 2026. The innovative combat system, particularly...<\/p>\n <\/div>\n <\/a>\n <\/div><\/div><\/div>\n

    Patent Trolling and the Flaws of Game System Patents<\/h2>\n

    The move by Nintendo\u2014a massive industry veteran\u2014to utilize patents derived from split applications after a hit rival game was launched has led to accusations from international media and legal experts that they are engaging in “patent troll”<\/strong> behavior.<\/p>\n

    The Threat of “Obvious Patents”<\/h3>\n

    Patent law is designed to encourage innovation by granting exclusive rights to genuinely novel inventions. However, there is a significant debate in the gaming world about allowing large corporations to monopolize common game ideas or combinations of existing technologies through patents.<\/p>\n

    Pocketpair has challenged Nintendo’s core patents by arguing they lack novelty and inventive step (non-obviousness)<\/strong> because “prior art” already existed in popular titles like ARK: Survival Evolved<\/em><\/a> and Final Fantasy XIV<\/em><\/a>. Some legal voices argue that Nintendo\u2019s patents are weak\u2014often referred to as “flimsy patents” or “obvious solutions to a common problem”\u2014and question why the Japan Patent Office (JPO) approved them in the first place.<\/p>\n

    Some legal analysts believe that this lawsuit may be an example of a SLAPP suit<\/strong> (Strategic Lawsuit Against Public Participation), where a large company uses its massive resources to stifle the expression of a smaller rival, capitalizing on a potentially weak or “accidental” patent grant.<\/p>\n

    Game Systems Should Be Shared Resources<\/h3>\n

    A fundamental principle of IP law is that while “works (copyright) belong to the creator, ideas (patents) belong to everyone”<\/strong>. Patents generally expire after 20 years to promote new innovation. If long-established concepts or systems can be indefinitely restricted by large companies, it stifles the iterative nature of game development.<\/p>\n

    As some critics point out, the basic concept of Pok\u00e9mon<\/em><\/a>\u2014capturing and battling monsters using balls\u2014dates back over 30 years. The idea itself should ideally enter the “public domain,”<\/strong> allowing anyone to build upon it commercially.<\/p>\n

    Timeline of the Lawsuit: Recent Setbacks for Nintendo<\/h2>\n

    The patent battle between Nintendo and Pocketpair has seen parallel and dramatic developments in both Japanese and U.S. patent offices in late 2025.<\/p>\n

    <\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n
    Date<\/strong><\/th>\nKey Event<\/strong><\/th>\nLocation<\/strong><\/th>\n<\/tr>\n
    Jan 19, 2024<\/strong><\/td>\nPalworld<\/em> launches in Early Access, becomes a massive hit.<\/td>\nJapan\/Global<\/td>\n<\/tr>\n
    Jan 24, 2024<\/strong><\/td>\nNintendo issues a statement vowing to investigate potential IP infringement and files DMCA against Pok\u00e9mon<\/em> mods for Palworld<\/em>.<\/td>\nJapan\/Global<\/td>\n<\/tr>\n
    Jul 10, 2024<\/strong><\/td>\nPocketpair, Aniplex, and Sony Music Entertainment establish Palworld Entertainment Inc..<\/td>\nJapan<\/td>\n<\/tr>\n
    Sep 18, 2024<\/strong><\/td>\nNintendo and The Pok\u00e9mon Company sue Pocketpair for patent infringement in the Tokyo District Court.<\/td>\nJapan<\/td>\n<\/tr>\n
    Nov 30, 2024<\/strong><\/td>\nPalworld<\/em> releases patch v0.3.11, removing the feature to throw a Pal Sphere to summon Pals<\/strong> (a proactive measure).<\/td>\nJapan<\/td>\n<\/tr>\n
    Feb 21, 2025<\/strong><\/td>\nPocketpair submits legal documents asserting the existence of prior art, including MODs.<\/td>\nJapan<\/td>\n<\/tr>\n
    May 8, 2025<\/strong><\/td>\nPalworld<\/em> releases patch v0.5.5, changing the gliding mechanic<\/strong> (using an item instead of the Pal itself) as a proactive measure against a patent claim.<\/td>\nJapan<\/td>\n<\/tr>\n
    Oct 17, 2025<\/strong><\/td>\nNintendo\u2019s related patent application is rejected by the Japan Patent Office (JPO) for lacking “inventive step”<\/strong>.<\/td>\nJapan<\/td>\n<\/tr>\n
    Nov 3, 2025<\/strong><\/td>\nThe USPTO Director personally orders the re-examination<\/strong> of Nintendo’s “Summoning Character” patent (397 Patent).<\/td>\nU.S.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

    <\/div>\n

    The Reversal: Why Nintendo is Facing Defeat in the U.S.<\/h2>\n

    Nintendo’s patent strategy has encountered significant difficulties, particularly in the U.S., where the backlash has translated into an official legal challenge.<\/p>\n

    The USPTO\u2019s Unheard-of Intervention<\/h3>\n

    In the U.S., Nintendo had secured a patent (often called the 397 Patent) covering the mechanic of summoning a sub-character to battle on the player’s behalf\u2014a mechanism critics feared could be applied to numerous games beyond Pok\u00e9mon<\/em>.<\/p>\n

    However, on November 3, 2025, in a move described as “highly rare”<\/strong> and the first of its kind in over a decade, U.S. Patent and Trademark Office (USPTO) Director John A. Squires personally ordered a re-examination<\/strong> of this patent.<\/p>\n

    The Director’s intervention was fueled by the determination that the patent’s validity was undermined by “new and serious questions of patentability”<\/strong> due to existing prior art<\/strong>. The two key pieces of prior art cited were:<\/p>\n

      \n
    1. A patent filed by Konami in 2002<\/strong>, related to a sub-character fighting alongside the player, either automatically or manually.<\/li>\n
    2. A patent filed by Nintendo itself in 2019<\/strong> and published in 2020, also concerning a sub-character battling alongside the player.<\/li>\n<\/ol>\n

      The irony of Nintendo’s own prior patents being used against them highlights the weakness of their current claims. Legal experts consider this re-examination order a “monumental blow”<\/strong> to Nintendo’s legal strategy and believe it is highly likely that the U.S. patent will ultimately be revoked<\/strong>.<\/p>\n

      The decision by the USPTO Director was reportedly influenced by the “public outrage”<\/strong> surrounding the patent in games media and among the U.S. patent law community. The backlash against Nintendo’s perceived attempt to “control the industry itself” by patenting general game mechanics was so significant that it reached the highest levels of the USPTO.<\/p>\n

      The Japanese Patent Office Agrees: Lack of Inventive Step<\/h3>\n

      Nintendo\u2019s legal challenges are not limited to the U.S. In Japan, one of Nintendo\u2019s patent applications related to the Palworld<\/em> case (a split application) was issued a “Notice of Reasons for Refusal”<\/strong> (\u62d2\u7d76\u7406\u7531\u901a\u77e5) by the Japan Patent Office (JPO) on October 17, 2025.<\/p>\n

      The JPO determined that the application lacked an “inventive step”<\/strong> (meaning the idea was obvious to someone skilled in the art). They cited multiple existing games as prior art:<\/p>\n