Nintendo's patents appear to be targeted at addressing challenges posed by Palworld | Opinion

Nintendo Co. and The Pokémon Company announced through a press statement on September 19, 2024, that they have initiated legal proceedings against Pocketpair, Inc. in Tokyo District Court. The legal action aims to halt alleged patent violations and demand damages, arguing that Pocketpair’s game Palworld violates numerous patents.

Palworld launched in early access on January 19, 2024, and swiftly became a major contender against Pokémon. Within a month, the game hit 25 million player engagements, comparing it to other successful titles like 2023's The Legend of Zelda: Tears of the Kingdom and Hogwarts Legacy.

Developed by Pocketpair, Palworld is an open-world survival game featuring 'Pals'—creatures players can capture and use for various activities like base building and combat. The legal battle garners more attention because Nintendo is focusing on patent rather than copyright infringement, especially given the lawsuit's timing near the Tokyo Game Show.

There is speculation that Nintendo may not pursue copyright claims, given the challenge of proving Pals' similarity to Pokémon. Yet, Nintendo's extensive legal history suggests they might still explore copyright actions elsewhere.

Currently, Pocketpair claims to be unaware of the infringement specifics. Thus, a detailed patent suit document listing the alleged infringements hasn't been publicly shared. Analysts have speculated the patents under threat, pointing to specific patents owned by Nintendo and The Pokémon Company which were filed following Palworld's launch.

Recently, four Japanese patents—JP 7545191, JP 7528390, JP 7493117, and JP 7505854—were suggested as pertinent, covering elements like character capture and riding. These patents were quickly processed for issuance using expedited procedures in Japan post-Palworld's release.

The industry trend has been moving away from patent-centric strategies for game features. Nintendo's success in this case might challenge that shift.

In the U.S., there are corresponding patent applications to these Japanese patents. Notably, two of these were filed in 2024, seemingly in direct response to Palworld's debut. Known as US-App-3 and US-App-4, these applications were prioritized through Track One requests, allowing a faster examination process.

I think we are seeing just how seriously Nintendo views the threat of Palworld

If Nintendo’s claims find acceptance in the Japanese courts, parallels could be drawn for similar actions in the U.S., should the patent applications be approved without major alterations. The situation illustrates how earnestly Nintendo regards the potential competition posed by Palworld. The ongoing legal battles underscore the critical role patents can play in safeguarding gaming properties.

Andrew Velzen, an intellectual property expert at MBHB, provides consultancy on IP issues across various technologies, highlighting the evolving landscape of patent strategies in the gaming industry.