Nintendo’s legal battle with Palworld maker Pocketpair just got more complicated.
The U.S. Patent and Trademark Office (USPTO) has ordered a formal re-examination of the patent Nintendo is using in its lawsuit—after legal expert Richard Squires pointed out that similar patents already exist.
Nintendo now has two months to respond. And while a re-examination doesn’t automatically cancel a patent, experts say this one might not survive the review.
This is the second major setback for Nintendo’s case in just a few weeks.
Japan Also Said “No” to Nintendo’s Patent
Back in late October, the Japan Patent Office (JPO) rejected Nintendo’s own patent application for nearly identical game mechanics—specifically, capturing creatures and using them in battle.
Why? Because the JPO found that games like Monster Hunter, Ark: Survival Evolved, and Pokémon GO already used similar systems long before Nintendo filed its application (No. 2024-031879).
In other words: the idea wasn’t new—and therefore, not patentable.
What This Means for the Lawsuit
Nintendo sued Pocketpair in September, claiming Palworld copied core mechanics from Pokémon. But if the U.S. patent gets invalidated—just like the Japanese one was—it could seriously weaken, or even end, the case.
As gaming news site Games Fray noted:
“A re-examination doesn’t mean the patent will be revoked… but in this situation, the odds aren’t in Nintendo’s favor.”
Bigger Picture
This case is being watched closely by developers everywhere. If big companies can patent basic gameplay ideas—like “catch creatures and fight with them”—it could make it harder for indie studios to create new games without fear of lawsuits.
For now, Palworld is still available, and Pocketpair continues to update the game. But all eyes are on the USPTO’s next move.
Because in the world of game patents, “it’s not new” might be the strongest defense of all.
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