Nintendo Files Palworld Lawsuit: Patent Strategy Signals New Legal Approach

Nintendo Pursues Palworld with Patent Lawsuit: A Closer Look at the Legal Battle Last week, Nintendo took decisive legal action against Pocketpair, the developer behind the popular game Palworld, by filing a lawsuit in Japan.

This suit alleges that Palworld violated several of Nintendo’s patents, marking a notable shift from the more frequently used strategy of copyright infringement claims.

The Nintendo Switch creator has a history of fiercely protecting its intellectual property, but this case introduces new complexities to Nintendo's ongoing effort to regulate third-party use of its proprietary gameplay mechanics. The gaming community was initially surprised by Nintendo’s decision to pursue patent infringement, drawing comparisons to a previous case involving the mobile game White Cat Project.

In that case, Nintendo similarly leveraged patent claims, rather than copyright, pressuring the developer toward a settlement.

This approach underscores Nintendo’s willingness to enforce its patents as a primary tool for stopping what it perceives as unauthorized use of its most iconic game elements. Legal analysts have taken particular interest in the specifics of this latest lawsuit.

In a recent feature on Gamesindustry.biz, Andrew Velzen, an Associate at MBHB with expertise in intellectual property law, referenced an analysis by Japanese patent attorney Kiyoshi Kurihara.

Kurihara noted that Nintendo filed four divisional patents in Japan under expedited proceedings shortly after Palworld’s release, suggesting that Nintendo tailored its patent filings to directly address elements found in Pocketpair’s game. Velzen further elaborates that, in addition to the filings in Japan, Nintendo submitted two related patents to the United States Patent and Trademark Office in May 2024—both targeting gameplay mechanics reminiscent of Pokémon, such as creature capturing and riding systems.

These US submissions were “fast-tracked” under the Track One program, signaling the urgency with which Nintendo is pursuing potential enforcement in additional markets. However, both US patent applications faced immediate hurdles.

According to Velzen, the US Patent Office rejected one request for lack of subject matter eligibility and the other for obviousness.

Nintendo has until October 31, 2024, to address these issues in order to advance the applications.

If Nintendo can achieve substantial progress in its Japanese litigation and successfully navigate the US patent process without major amendments, Velzen highlighted that the company may then have grounds to file a similar lawsuit against Pocketpair in US courts.

While significant obstacles remain, it is evident that Nintendo is treating the threat posed by Palworld with significant legal weight. As of this report, neither Nintendo nor Pocketpair has released new official statements regarding the lawsuit.

The industry awaits further developments in what promises to be a pivotal case for gaming IP enforcement.

For continued updates on Nintendo, Palworld, and other major gaming legal news, stay tuned to this channel.

Nintendo Xbox Series X|S Palworld Pocketpair patent S Nintendo Switch Gamesindustry.biz MBHB Andrew Velzen Kiyoshi Kurihara US Patent Office White Cat Project