Pokemon “Summon” Patent To Be Reexamined Under New USPTO Boss’ Orders

by

The legal battle between Nintendo and Palworld’s creator, Pocketpair, is getting more complex. A newly approved U.S. patent related to the Pokémon series is now being examined as part of the case.

A recent report from Games Fray indicates that John A. Squires, the new director of the United States Patent and Trademark Office (USPTO), has requested a review of Nintendo’s patent (No. 12,403,397). This patent, often described as covering “summoning characters and making them fight,” was filed by Nintendo in January 2023 and granted in September 2025. Squires’s office is now investigating whether this type of feature can actually be patented.

In a recent order, Squires stated that new questions have emerged regarding whether claims 1, 13, 25, and 26 of U.S. Patent No. 12,403,397 B2 (the ‘397 patent) are actually patentable. He based this decision on two previously filed applications – one from Konami in 2002 (Yabe) and another from Nintendo in 2019 (Taura) – which he believes are relevant to determining the patent’s validity. Squires has therefore ordered a reexamination of the ‘397 patent to consider these prior applications.

Both Konami’s Yabe patent and Nintendo’s Taura patent describe a similar feature: a secondary character fighting alongside the player, either controlled by the game or by the player themselves.

According to legal expert Squires, Nintendo’s claim that its patent predates Palworld’s mechanics doesn’t hold up. Squires argues that games existing before the patent was granted demonstrate this. Nintendo describes Palworld’s feature as simply ‘summoning characters to fight,’ but Squires points out the patent is more complex, resembling the auto-battling in games like Pokemon Scarlet and Violet. Considering that summoning allies to fight is common in many games – including Digimon, Persona, and Elden Ring – Squires believes this case raises important questions about what can actually be patented.

So, Nintendo has about two months to officially respond to the USPTO. From what I understand, the legal stuff might actually quiet down for the rest of this year, but we’re probably looking at decisions coming next year. Everyone seems to be keeping a close eye on Judge Motoyuki Nakashima – he leads the patent division at the Tokyo District Court, and his ruling is what we’re all waiting for.

Read More

2025-11-04 21:10