USPTO Issues Non-Final Rejection of Nintendo's Pokémon Battle Patent Amid Palworld Dispute

The United States Patent and Trademark Office (USPTO) has issued a non-final rejection of Nintendo’s patent related to the core Pokémon gameplay mechanic of summoning a character to fight, a move that follows extensive criticism from intellectual property lawyers and industry observers.

The patent, which describes the process of summoning a character to engage in battle—a fundamental aspect of Pokémon games—was ordered for reexamination in November after concerns were raised about its validity. Critics argued that the patent should not have been granted, citing the prevalence of similar mechanics in numerous other video games.

Florian Mueller, an IP expert, publicly stated that Nintendo “should never” have received the patent, while video game patent attorney Kirk Sigmon commented that the claims were “in no way allowable.” The controversy intensified scrutiny of the U.S. patent system and the USPTO’s examination standards.

The USPTO’s recent decision rejected all claims of the patent, referencing prior art found in published U.S. patent applications. Notably, two of these earlier applications were filed by Nintendo itself, with additional references from Konami and Bandai Namco. The rejection is non-final, meaning Nintendo retains the right to appeal, potentially prolonging the process.

This development comes as Nintendo and The Pokémon Company are engaged in ongoing litigation with Pocketpair, the developer of Palworld, in Japan. The lawsuit centers on alleged patent infringement, with Nintendo seeking 5 million yen (approximately $32,846) from Pocketpair, plus late payment damages, and an injunction to block Palworld’s release.

Palworld, which launched on Steam and Xbox Game Pass in early 2024, achieved record-breaking sales and player numbers. Following its success, Pocketpair entered into a partnership with Sony to form Palworld Entertainment, aimed at expanding the intellectual property, and subsequently released the game on PlayStation 5.

The similarities between Palworld’s creatures, known as Pals, and Pokémon led to accusations of design infringement. However, Nintendo and The Pokémon Company opted to pursue patent claims rather than copyright infringement. The case involves three main patents granted in Japan: two concerning monster capture and release, and one related to riding characters. All three were filed in 2024, after Palworld’s release, but are derived from earlier Nintendo patents dating back to 2021.

In response to the litigation, Pocketpair has modified Palworld’s gameplay mechanics. A November 2024 update removed the ability to summon Pals using Pokéball-like devices, and a previous update altered the game’s gliding mechanics. Pocketpair attributed these changes to the ongoing lawsuit.

Throughout the proceedings, Nintendo has continued to adjust its patent strategy, including rewriting a mount-related patent during the litigation and arguing that game modifications (mods) should not be considered prior art.

The case is currently before Presiding Judge Motoyuki Nakashima, head of the patent division at the Tokyo District Court. Meanwhile, Pocketpair continues to update Palworld in anticipation of its 1.0 launch.

At the March 2025 Game Developers Conference, John “Bucky” Buckley, communications director and publishing manager for Pocketpair, discussed the challenges faced by Palworld, including allegations of generative AI use and model copying, as well as the unexpected nature of Nintendo’s patent lawsuit.

The outcome of the USPTO’s non-final rejection and the ongoing Japanese litigation could have far-reaching implications for the use of game mechanics in the industry and the scope of patent protection for interactive entertainment.