USPTO Rejects Nintendo's 'Summon Character and Let It Fight' Pokémon Patent in Non-Final Ruling Amid Ongoing Palworld Legal Battle

The United States Patent and Trademark Office (USPTO) has rejected Nintendo's controversial 'summon character and let it fight' Pokémon patent, following heavy criticism from intellectual property lawyers last year. This development comes as Nintendo and The Pokémon Company remain locked in legal proceedings against Pocketpair's Palworld in Japan, with patents forming the core of the dispute.

In November, the USPTO director ordered a reexamination of the patent after IP lawyers voiced concerns about the U.S. patent system granting it initially. At the time, IP expert Florian Mueller stated on social media that Nintendo "should never" have received such a patent, while video game patent attorney Kirk Sigmon told PC Gamer the claims were "in no way allowable."

This patent essentially describes the fundamental gameplay mechanic of Pokémon games: summoning creatures to battle others with the goal of adding them to your collection. However, critics noted last year that numerous other games employ similar mechanics, including Persona, Digimon, and even Elden Ring, depending on how the patent is interpreted.

According to reports, the USPTO rejected all claims of the patent based on "prior art" references from published U.S. patent applications. Interestingly, two of these earlier applications were filed by Nintendo itself, with one each from Konami and Bandai Namco.

It's important to note that this rejection is non-final, meaning Nintendo could appeal and prolong the process. The outcome could significantly impact the lawsuit against Pocketpair, which has seen little activity since October last year.

Palworld launched on Steam for $30 and directly into Game Pass on Xbox and PC in early 2024, shattering sales and concurrent player records. Pocketpair CEO Takuro Mizobe acknowledged that the game's massive success generated profits the developer struggled to manage. Capitalizing on this breakout hit, Pocketpair partnered with Sony to establish Palworld Entertainment, tasked with expanding the IP, and later released the game on PS5.

Following Palworld's explosive debut, comparisons between its Pals and Pokémon sparked accusations of design plagiarism. Instead of pursuing copyright infringement, Nintendo and The Pokémon Company opted for a patent-based lawsuit, seeking 5 million yen (approximately $32,846) each plus late payment damages and an injunction to block Palworld's release.

The case revolves around three main patents granted in Japan: two concerning monster capture and release, and one related to riding characters. All three were filed in 2024 after Palworld's release but are derived from earlier Nintendo patents dating back to 2021. This suggests Nintendo filed divisional patents specifically tailored to combat Palworld's alleged infringement of the original patents.

In response, Pocketpair has modified Palworld's disputed mechanics. A November 2024 patch removed the ability to summon Pals using Pokéball-like Pal Spheres, and a May update altered the gliding mechanics. Pocketpair attributed these changes to the lawsuit's pressures.

The legal battle continues, with Nintendo even revising a mount-related patent mid-lawsuit and arguing that mods shouldn't qualify as prior art. Attention now turns to Presiding Judge Motoyuki Nakashima of the Tokyo District Court's patent division, while Pocketpair continues updating Palworld ahead of its 1.0 launch.

At the Game Developers Conference (GDC) in March 2025, IGN spoke with John "Bucky" Buckley, communications director and publishing manager for Pocketpair, following his talk titled 'Community Management Summit: A Palworld Roller Coaster: Surviving the Drop.' Buckley openly discussed Palworld's challenges, including accusations of using generative AI and stealing Pokémon models for its Pals. He also commented on Nintendo's patent infringement lawsuit, describing it as "a shock" and "something that no one even considered."