According to IGN, USPTO Director John A. Squires has personally ordered a reexamination of Nintendo’s controversial Patent No. 12,403,397, dubbed the “summon character and let it fight” patent. The patent was granted in September 2024 without objection despite covering mechanics found in countless other games like Persona, Digimon, and even Elden Ring. IP expert Florian Mueller had previously stated Nintendo “should never” have received this patent, while video game patent lawyer Kirk Sigmon called the claims “in no way allowable.” Director Squires determined that “substantial new questions of patentability have arisen” after reviewing two prior art references, including a 2002 Konami patent and Nintendo’s own 2019 application. Nintendo now has two months to respond to what Mueller calls a “huge blow” that makes patent revocation “highly likely.”
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A Major Credibility Problem
Here’s the thing – this isn’t just about one questionable patent. It’s about Nintendo’s entire legal strategy against Palworld crumbling in real time. Mueller directly stated this reexamination “further undermines the credibility” of Nintendo’s patent assertions against Pocketpair. And he’s not wrong. When the patent office that granted your patent turns around and questions its own decision, that’s pretty devastating for your case.
But wait, it gets worse for Nintendo. Last month, the Japan Patent Office rejected another Nintendo monster capture patent for lacking originality. Their reasoning specifically called out games like ARK (2015), Monster Hunter 4 (2013), and even Pocketpair’s own Craftopia (2020) as prior art. Basically, multiple patent offices are now saying what gamers have been arguing all along – these mechanics are too broad and common to patent.
Palworld’s Strategic Retreat
Meanwhile, Pocketpair hasn’t been sitting idle. They’ve been quietly modifying the very mechanics Nintendo is suing over. The November 2024 patch removed the ability to summon Pals by throwing Pokéball-like Pal Spheres – now Pals just materialize next to you. Then in May 2025, they changed how gliding works so you’re no longer directly grabbing onto Glider Pals. It’s like they’re systematically removing the specific implementations that might infringe while keeping the core gameplay intact.
And honestly? That’s pretty smart legal maneuvering. They’re making it harder for Nintendo to argue ongoing infringement while preserving what players actually care about. Pocketpair’s communications director John “Bucky” Buckley said the lawsuit “came as a shock” and was “something that no one even considered.” Now they’re adapting while Nintendo’s legal foundation keeps getting weaker.
What Happens Next?
Mueller thinks we might not see further developments this calendar year, but decisions are expected in 2025. All eyes are on Presiding Judge Motoyuki Nakashima at the Tokyo District Court. The expert’s take? “It is ever more likely that Nintendo will lose.” That’s a pretty bold prediction, but given how things are going, it’s hard to disagree.
The real question is whether Nintendo will double down or cut its losses. They’ve already tried rewriting a mount-related patent mid-lawsuit and argued that mods shouldn’t count as prior art. But when both the US and Japanese patent offices are pushing back, maybe it’s time to reconsider the strategy. The controversial patent itself covers such basic game mechanics that granting it exclusive rights would have set a dangerous precedent for the entire industry.
This whole saga shows how messy patent battles can get when they involve fundamental gameplay loops. As Games Fray reported, the public outrage over this patent award was significant enough to trigger this rare reexamination. Sometimes, the court of public opinion actually matters in these technical legal fights.
