Nintendo being litigious? Must be a day ending in “y.” Still, in the midst of a lawsuit against Palworld dev Pocketpair, some gamers are questioning if Nintendo’s latest patent has gone too far. It goes beyond surface similarities between Pokémon and Palworld, threatening fundamental game mechanics used by studios across the industry.
A Patent for…Summons?
Reported by games fray, Nintendo has already submitted amendments on patents related to its suit against Pocketpair. The initial case, filed in Japan, claims that Pocketpair violated a number of patents Nintendo holds regarding mechanics in Pokémon games. However, games fray asserted that such changes generally indicate the party controlling the patent has a weaker legal case. They likened the changes to putting up a legal “smokescreen” to try and obfuscate Pocketpair’s defense.
But Nintendo is trying everything to empower their lawsuit, and this week they landed a new patent in the US. This one, patent #12,403,397, details a character in a video game summoning a sub-character to fight an enemy. That’s right, Nintendo of America now owns the patent for summons. Somebody get Square Enix on the line. And not just them, any studio that uses “summoning” as a mechanic could be at risk. While larger companies will probably be fine, indie studios not wanting to risk litigation may steer clear of using summons in their game. The patent serves as a chilling effect that could dampen creativity.
Will it help Nintendo’s Case?
Merely owning the patent doesn’t necessarily help Nintendo in their lawsuit. Factors like first usage date, how widespread the mechanic is, and other things may still lead to Nintendo losing the suit. There’s also a chance the patent could be thrown out, though such cases are unlikely. As of now, Nintendo hasn’t filed a US lawsuit, and it’s unlikely they will. But it seems until it’s over, Nintendo will try anything and everything to get ahead of Pocketpair, regardless of the collateral damage.
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