More turbulence for Nintendo: for the first time in years, a patent it won last September is back under the microscope – a move that could ripple through its dispute over Palworld. The head of the U.S. Patent and Trademark Office has formally called for the Nintendo patent to be reviewed.

A development has emerged that may influence Nintendo’s litigation with Pocketpair regarding Palworld. Last September, the USPTO granted the makers of Super Mario a patent that effectively ring-fenced a gameplay feature common to many titles – a decision that rattled hundreds of developers. Now, in a surprise twist, the agency’s director has requested a fresh look at the filing.

First, the backdrop: weeks ago, Nintendo secured patent No. 12,403,397, describing a mechanic in which players can “summon” characters they control for use in combat across two battle modes. Variants of this appear in Pokémon games but also in numerous releases such as Elden Ring, Diablo IV, and a long list of action, RPG, and MMO titles. The grant triggered a legal tremor, and commentators criticized both Nintendo and the USPTO for moving too quickly without deeper scrutiny.

That’s changed with a late pivot from USPTO director John A. Squires, who has personally asked the office to re-examine patent 12,403,397. As first noted by GamesFray, he concluded a fresh review is warranted because two prior applications – one from Konami (2002) and another from Nintendo itself (2019) – appear to describe similar mechanics.

Crucially, Nintendo’s patent has not been cancelled, and Squire’s decision does not predetermine an ultimate rejection. Still, it’s notable: the last time a USPTO director ordered this kind of review was in 2012. While no detailed rationale was shared, the move likely reflects criticism that the office granted Nintendo’s filing tied to Super Mario without sufficient due diligence.

One Nintendo Filing Also Stalled in Japan

Nintendo has also hit turbulence in Japan. One of its recent applications – pursued in parallel since the Palworld dispute began – was rejected for “lack of inventiveness.” The patent office received third-party artwork showing the claimed features already existed in earlier titles, such as Monster Hunter 4 and Pocketpair’s Craftopia.

Nintendo can still appeal, as the Japanese office’s decision is not final. Strictly speaking, this is about Nintendo’s own game-related IP. Even so, as GamesFray points out, it marks the second time in a matter of weeks that one of the world’s most influential patent offices has signaled skepticism toward Nintendo’s filings. The outlet argues this “further undermines the credibility of Nintendo’s patent claims against Palworld.” We’ll see how the balance shifts in the days ahead.

Source: 3djuegos