The head of the U.S. Patent Office is taking a closer look at Nintendo’s recent patent. This patent, U.S. Patent No. 12,403,397, aims to protect a common game mechanic where a character can summon a helper for battles in two different modes. While this doesn’t mean the patent is revoked right away, it shows that USPTO director, John A. Squires, isn’t entirely convinced about the validity of Nintendo’s claim.
Just last week, we shared how Nintendo had lost a patent bid for a mechanic related to capturing creatures, similar to what you see in Pokémon. Yet, just a month earlier, they did manage to secure a new patent for the summoning mechanic.
According to Games Fray, this reexamination seems linked to earlier patents—one from Konami in 2002 and another from Nintendo in 2019. These prior patents could challenge Nintendo’s latest rights over the mechanic.
Nintendo has two months to respond. It’s uncommon for the USPTO director to call for such scrutiny, so this is a notable situation. Plus, in September, Nintendo sued Pocketpair, the developer of Palworld, claiming they infringed on various Nintendo patents. They are seeking damages and an injunction against the game, arguing that modifications made by users shouldn’t be considered “prior art.” If the USPTO denies Nintendo’s patent, it could weaken their lawsuit against Pocketpair.
On a brighter note, Nintendo recently shared their financial results for the six months ending September 30. They experienced significant growth in hardware and software sales following the launch of the Switch 2. Sales for the new console reached 10.36 million units, more than double what the original Switch sold in its launch period. Overall, they reported a 110% increase in net sales and a 19.5% rise in operating profits, leading them to revise their full-year outlook positively.
This situation highlights the ongoing tension in the gaming industry over intellectual property. Many developers are expressing concerns about the implications of such patents on creativity. A recent survey revealed that 65% of indie developers worry that major companies like Nintendo might stifle innovation by claiming ownership of common game mechanics. As the gaming landscape continues to evolve, this reexamination will be closely watched by both fans and industry insiders.
For more details on patent laws and their implications in the tech industry, you can check out this USPTO resource.
