According to Wccftech, USPTO director John A. Squires has personally initiated a re-examination of Nintendo’s patent number 12,403,397, which covers summoning characters and making them battle. This specific patent was previously described by IP lawyer Kirk Sigmon as something that “should not have happened, full stop.” The director personally kicking off this re-examination is considered extremely rare according to legal analysis from Games Fray. This move could potentially result in the patent being completely revoked, though it might also be upheld. The timing comes amid Nintendo’s ongoing legal battle against Pocketpair over Palworld, with the public attention potentially pushing this case up the priority docket. This development represents a significant challenge to Nintendo’s intellectual property claims in their lawsuit.
Sponsored content — provided for informational and promotional purposes.
Why This Patent Was Always Questionable
Here’s the thing about patent 12,403,397 – it’s basically trying to claim ownership over the concept of summoning characters and having them fight. That’s like trying to patent the idea of driving cars in a racing game. The patent system is supposed to protect specific implementations, not broad gameplay concepts that have existed in various forms for decades. When even patent lawyers are calling it something that “should not have happened,” you know there’s probably an issue. And now the head of the entire USPTO is essentially saying, “Wait, let’s take another look at this.” That’s not exactly a vote of confidence.
<h2 id="nintendo-strategy”>Nintendo’s Legal Gamble Backfiring
Nintendo was already playing with fire by building their case around such a broad patent. Games Fray described their tactics as a “hail mary” – basically a desperate long-shot attempt. Now they’re facing the very real possibility that the foundation of their legal argument might get pulled out from under them. Think about it: if this patent gets revoked or significantly narrowed, what’s left of their case against Pocketpair? They’d need to rely on much more specific copyright claims rather than broad gameplay patents. This re-examination essentially puts Nintendo’s entire legal strategy under a microscope at the worst possible time.
What This Means For Game Developers
For smaller studios watching this case unfold, this could be huge. If broad gameplay patents like this start getting knocked down, it creates more breathing room for innovation. Nobody wants a situation where basic game mechanics get locked up by patents. Can you imagine if someone had successfully patented “jumping” in platformers? The entire industry would look completely different. This re-examination signals that maybe, just maybe, the patent office is recognizing that game mechanics need to be treated differently than traditional inventions. That’s good news for everyone except maybe the lawyers who file these overly broad patents.
Where This Case Goes From Here
So what happens now? The re-examination process will play out, and we’ll see if Nintendo’s patent survives in its current form. Given how rare director-initiated re-examinations are, the odds don’t look great for Nintendo. Meanwhile, Pocketpair gets to watch from the sidelines as their opponent’s legal ammunition potentially gets dismantled. The timing couldn’t be worse for Nintendo – they’re in the middle of an active lawsuit, and now the very patents they’re relying on are being questioned by the government agency that granted them. Talk about awkward. This case is far from over, but the momentum has clearly shifted.
