Nintendo's 'Summon Character' Patent for Pokémon Under USPTO Re-examination Amid Controversy

Nintendo has again found itself at the center of legal controversy after its much-debated 'summon character and let it fight' patent—integral to the mechanics of the Pokémon franchise—came under renewed scrutiny by the United States Patent and Trademark Office (USPTO).

This development follows intense discussion across the gaming industry regarding the breadth and originality of the patent, since its initial approval in the U.S. The gameplay mechanism in question, widely recognized as a core feature of the Pokémon series, allows players to summon creatures to perform automated combat.

Nintendo, a global leader in gaming and the longtime developer behind Pokémon, secured this patent in 2019.

However, recent debates have spotlighted concerns over the novelty and scope of Nintendo’s claim, particularly with rising competition from games featuring similar mechanics, such as Palworld. The situation escalated when John A.

Squires, who assumed the role of USPTO director in September, formally announced a re-examination of the granted patent.

According to a statement from the USPTO, Director Squires initiated this re-examination after concluding that 'substantial new questions of patentability have arisen.' The patent office’s review process will evaluate prior patents, specifically referencing a 2002 filing by Konami and Nintendo’s own 2019 documentation.

Squires emphasized that these earlier patents could play an important role in assessing whether the current claims by Nintendo are, in fact, patentable, with both raising substantial new patentability questions. This development may have significant ramifications for Nintendo’s ongoing legal strategies.

Should the USPTO ultimately revoke the controversial '397 patent,' it would mark a considerable setback for Nintendo, especially as it seeks to protect the unique identity of the Pokémon franchise against competitors, including titles like Palworld that feature similar monster-battle systems. Nintendo's patent and legal affairs have often set precedent within the video game industry, particularly with the enduring success of Pokémon on platforms like the Nintendo Switch and digital storefronts, including the eShop.

The outcome of this review may influence not only Nintendo’s IP strategies but also shape the legal landscape for future game development, both within and outside the Pokémon franchise. The gaming community and industry stakeholders alike now await the final decision from the USPTO, which could arrive in the coming months.

For now, all eyes remain fixed on how Nintendo will respond to this latest legal hurdle and the potential impact upon its celebrated Pokémon series.

Pokémon Nintendo United States patent USPTO Pokemon John A. Squires Konami Palworld United States Patent and Trademark Office