The US Patent Office has taken the unusual step of ordering a "reexamination" of a previously granted patent held by Nintendo

Image credit: Game Freak/The Pokémon Company

The U.S. Patent Office's director is currently revisiting a previous decision to grant Nintendo a patent related to a gameplay feature where a primary character calls upon a secondary character to join in battle, applicable in one of two modes. This review, led by USPTO chief John A. Squires, is particularly focused on the implications of U.S. Patent No. 12,403,397 and signals potential future revocation of the patent.

Previously, Nintendo faced a rejection from the Japan Patent Office concerning a patent on capturing characters or creatures in games, a mechanic familiar to players of Pokémon games. In contrast, Nintendo previously succeeded in the U.S. with a patent for a mechanism where an in-game character can summon a supporting character in battles.

According to Games Fray, the call for an Ex Parte Reexamination ties to past filings by Konami and Nintendo themselves, dated 2002 and 2019 respectively, which might provide prior references undermining Nintendo's current patent claim. Nintendo, alongside other parties wishing to challenge this decision, has a two-month window to respond. It is notably uncommon for such an order for reexamination to be issued.

In September 2024, Nintendo pursued legal action against Pocketpair, the developer of Palworld, alleging the violation of multiple patents. The lawsuit demands both an injunction against the infringement and financial redress. Nintendo also maintained that modifications should not be considered as prior art in this ongoing case.

Should the USPTO ultimately overturn Nintendo's patent claim, this may affect the company's legal standing in its ongoing copyright dispute with Pocketpair.

Separately, recent financial disclosures from Nintendo highlight substantial growth for the six months up to September 30, driven by the success of the Switch 2. This new version has already sold over 10.36 million units, more than double the count of its predecessor during a similar timeframe. Nintendo reported a 110% increase in net sales and a 19.5% hike in operating profits, leading to an adjustment of its annual financial forecasts.