A US Patent and Trademark Office (USPTO) reexamination of a key patent held by Nintendo may spell trouble for the company's lawsuit against Palworld.
The patent in question, which would allow summoning fighting NPCs in 1 out of 2 modes, was granted just last September, with the review personally ordered by newly sworn-in USPTO Director John A. Squires. This move has raised eyebrows as Squires is known for siding with patent holders. Moreover, this appears to be the first reexamination of a patent at the USPTO in over a decade.
These factors suggest that Nintendo's lawsuit could backfire and spark widespread blowback. While developer Pocketpair is Nintendo's immediate target, it's easy to see how this case could lead to concerns about monopolizing game mechanics. The potential impact on indie developers would be particularly significant, as they may fear using well-established game mechanics due to the threat of patent infringement.
Interestingly, a 2002 patent application from Konami was cited as prior art, casting doubt on Nintendo's claim. A separate patent published in 2020 by Nintendo was also listed as possible prior art. These developments suggest that Nintendo's case might not hold up under closer scrutiny.
With the USPTO now reviewing the patent, Nintendo has two months to respond and can potentially receive additional prior art references from third parties during this period. As the gaming industry watches this case closely, it's likely that lawyers will scour far and wide for more examples of similar patents, setting a precedent for game mechanics that could have significant implications.
It remains to be seen how this reexamination will unfold but it is clear that Nintendo's patent may not withstand scrutiny from the USPTO.
The patent in question, which would allow summoning fighting NPCs in 1 out of 2 modes, was granted just last September, with the review personally ordered by newly sworn-in USPTO Director John A. Squires. This move has raised eyebrows as Squires is known for siding with patent holders. Moreover, this appears to be the first reexamination of a patent at the USPTO in over a decade.
These factors suggest that Nintendo's lawsuit could backfire and spark widespread blowback. While developer Pocketpair is Nintendo's immediate target, it's easy to see how this case could lead to concerns about monopolizing game mechanics. The potential impact on indie developers would be particularly significant, as they may fear using well-established game mechanics due to the threat of patent infringement.
Interestingly, a 2002 patent application from Konami was cited as prior art, casting doubt on Nintendo's claim. A separate patent published in 2020 by Nintendo was also listed as possible prior art. These developments suggest that Nintendo's case might not hold up under closer scrutiny.
With the USPTO now reviewing the patent, Nintendo has two months to respond and can potentially receive additional prior art references from third parties during this period. As the gaming industry watches this case closely, it's likely that lawyers will scour far and wide for more examples of similar patents, setting a precedent for game mechanics that could have significant implications.
It remains to be seen how this reexamination will unfold but it is clear that Nintendo's patent may not withstand scrutiny from the USPTO.