PATENTING BASIC MECHANICS OF A VIDEO GAME GENRE: NINTENDO v. POCKETPAIR

Author: Natalie Miller, Associate Editor

Beginning in 1996, the charming adventure and battling game of Pocket Monsters was released in Japan for the Nintendo Game Boy.[i]  The name was changed to Pokémon for the North American release in 1998, and the rest is history.[ii] As of March 2025, the Pokémon Company, the entity that manages the franchise, has shipped over 489 million units of its software to consumers and sold over 75 billion trading cards.[iii] From “Pokémon, I choose you!” premiering on American televisions in 1998 to today, the franchise has expanded and become a juggernaut in popular culture in the United States and abroad.[iv] Pokémon are creatures of various shapes and sizes, each with a unique design, who live and work alongside people in the Pokémon world.[v] Pokémon can be wild or have Trainers, who capture them for companionship or, as made popular by the series, battling other Trainers.[vi]

With this level of commercial success and cultural influence, protecting the franchise’s intellectual property has become a central concern. Recently, Nintendo and the Pokémon Company have begun aggressively targeting competitors on the basis of patent infringement, filing lawsuits against developers such as those behind the game Palworld.[vii] Will these efforts to obtain and enforce patents constrain development of competitive titles in the video game market?

IP Overview: What is the Difference Between a Patent and a Copyright? 

There are multiple ways for companies to secure the rights to their intellectual property and place themselves in positions to defend their intellectual property in court. These methods can include patent, copyright, trademark, and trade secret protections. At a cursory glance, one might assume that a video game company would rely on copyright infringement to protect its games, as copyright is used to protect the rights of the creator to prevent unauthorized reproduction or copying of an “intellectually created work… such as software code.”[viii]However, a patent is meant to protect technical inventions and other mechanical design or machine processes that are “new, unique, and usable in some type of industry.”[ix] Patents provide their holders with  the exclusive right to profit from a new technology.[x] This allows the patent holder to prevent others from using, copying, or otherwise infringing on the patent once it is granted.[xi] Nintendo's recent litigation strategy demonstrates the importance of understanding these distinctions, as the company has chosen to pursue patent infringement rather than copyright infringement in its efforts to protect its gaming innovations.

Nintendo Files Patent Infringement Lawsuit in Japan

On September 18, 2024, Nintendo filed a patent infringement lawsuit in the Tokyo District Court against the company Pocketpair, creators of the game Palworld.[xii] Palworld is a creature collector and survival game where the player character has been stranded on an island and needs to survive.[xiii] The player learns the island is populated with animal-like creatures called “Pals”.[xiv] These Pals can be captured with a “Pal Sphere” and are then used to help the player character build and defend their base, farm and collect crops, and travel with the player to help fight against wild, untamed Pals.[xv]  Nintendo seeks both an injunction and damages on the basis of infringement of "multiple patent rights” related to these gameplay mechanics[xvi] However, these mechanics are common in many roleplaying and action games where the player can summon friendly creatures to help fight enemies.[xvii]

Specific Japanese Patents at Issue in the Suit

Pocketpair responded to the lawsuit publicly on November 8, 2024, and identified the three specific Japanese patents that Nintendo alleges were infringed upon: No. 7545191, No. 7493117, and No. 7528390.[xviii] Pocketpair provided the application and registration dates of the three Nintendo patents, noting that  all three were filed after the release of Palworld in Japan, a timing issue that could impact the validity of Nintendo’s claims.[xix] 

Japanese Patent No. 7545191, covers the use and activation of  ‘rideable characters’capable of moving in the air while a player character is in the air with them.[xx] This mechanic appears in some Pokémon games, where certain types of Pokémon can be mounted and ridden to help the player travel.[xxi] This mechanic is also used in in Palworld, where some Pals can be mounted and ridden with the correct equipment.[xxii]

Patent No. 7493117 protects the character’s action of throwing an item to capture a creature.[xxiii] This sequence can be found in most modern Pokémon games, where the Pokeball can be thrown to capture various Pokémon, and in Palworld, where Pal Spheres are thrown at Pals.[xxiv]

Lastly, Patent No. 7528390 concerns the ability of the player character to aim the capture tool, such as a Pokeball or Pal Sphere, and release a previously captured creature to fight an  opponent.[xxv] Both Pokémon and Palworld rely heavily on this summoning mechanic as a core gameplay feature.[xxvi]

Though Nintendo’s lawsuit is based on the Japanese patents, the United States Patent and Trademark Office (“USPTO”) has recently approved similar patents.[xxvii] This development suggests Nintendo may pursue comparable litigation in the United States, potentially affecting a broader range of game developers.

Pocketpair’s Response and Changes Made to the Palworld Gameplay

Pocketpair is challenging the lawsuit on the grounds that the patents are invalid and should not have been granted in the first place. In response to  Nintendo’s claims, they have changed how certain game mechanics in Palworld operate.[xxviii] Two major changes to Palworld relate to the aforementioned patents,  throwing Pal Spheres to summon caught Pals and the ability to ride on Pals.[xxix] While players in Palworld used to be able to summon a creature by aiming and throwing a Pal Sphere, now the mechanic is simply a “static summon next to the player.”[xxx] Player characters in Palworld are also unable to use actual Pals to glide. Instead, they need a separate glider in their inventory, though certain Pals can provide a passive boost to gliding performance.[xxxi] In its public statements, Pocketpair apologized for the changes to the user experience but explained that the modifications were necessary to protect the game’s future development.[xxxii]

Nintendo is Granted the Riding Objects Patent in the United States

For a patent to be successfully issued in the United States, it “shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter.”[xxxiii] Patents that are too broad may be rejected under this standard unless additional justification is provided.[xxxiv]On September 9, 2025, Nintendo was granted United States Patent No. 12,409,387, which corresponds to Japanese patent No. 7545191 regarding the ability of a player character to switch between rideable objects, essentially gliding while using a character.[xxxv] The USPTO initially rejected almost all of the patent’s claims but eventually granted the patent after Nintendo added clarifications explaining what makes the mechanics unique.[xxxvi] This mechanic has already been changed in Palworld, as the player character can no longer use the actual body of a Pal to glide and must use must instead use a separate glider tool.[xxxvii] Nintendo now holds both a Japanese and U.S. patent related to the switching and boarding of ride objects.[xxxviii]

Nintendo is Granted the Summoning Creatures to Fight Patent in the United States

The USPTO granted Nintendo U.S. Patent No. 12,403,397 on September 2, 2025, which protects a game processing system that allows the player character to summon another character into battle for use by that player.[xxxix] The patent includes generic examples and illustrations of how this mechanic functions in a video game, but fundamentally covers the act of summoning a secondary character to fight on behalf of the player character.[xl] Industry commentators have expressed concern that this patent covers a mechanic fundamental to many video games, potentially affecting a wide range of titles beyond Palworld.[xli]

Criticisms and Concerns for the Future of Video Game Development

The grant of these patents has increased  existing commentary on the Nintendo and Pocketpair lawsuit. It also raised important questions about the future of video game development and how larger studios might use patents to limit fair competition.[xlii] One patent lawyer speaking on the issuance of the summoning creatures patent called it “an embarrassing failure of the US patent system”.[xliii] He claims the patent is overly broad, was processed too quickly for a patent, and should have been rejected.[xliv] IP lawyer Kirk Sigmon stated that the granting of Nintendo’s patents was “shocking and offensive” because of their potential to enable corporate bullying of smaller studios.[xlv] Criticism of the application and issuance of these patents has also come from Don McGowan,  the former Chief Legal Officer of The Pokémon Company.[xlvi] Rather than  criticizing the process outright, McGowan stated that the patents would likely not hold up in court but could nonetheless have a chilling effect on competition.[xlvii]

Though there are advantages that come from the broadest reasonable interpretation baseline for granting patents,[xlviii] it is important to be aware of potential for the process to be used as a way to stifle competition. Large companies should not use a process meant for preserving unique technology to give themselves a monopoly over games of a certain genre. Even if the patents may ultimately be challenged and invalidated in court, smaller companies may not want to risk the potential cost and damages of a lawsuit.[xlix] Nintendo and The Pokémon Company's aggressive patent strategy sets a concerning precedent that could fundamentally reshape video game development, discouraging innovation and limiting the types of games that independent developers can create without fear of litigation.. Fans and developers of roleplaying and action games might need to be wary of other companies taking Pokémon’s strategy to attempt to preclude development of future games.

[i] Visual Timeline of History, The Pokémon Company International, https://corporate.pokemon.com/en-gb/about/# [https://perma.cc/5NUJ-L23G] (last visited Oct. 26, 2025).

[ii] Id.

[iii] Pokémon in Figures, The Pokémon Company (March 2025), https://corporate.pokemon.co.jp/en/aboutus/figures/ [https://perma.cc/69JW-X3VH] (last visited Oct. 26, 2025).

[iv] History, The Pokémon Company, https://corporate.pokemon.co.jp/en/aboutus/history/ [https://perma.cc/5ET5-ABQD] (last visited Oct. 26, 2025.

[v] What is Pokemon: Catch up on the phenomenon with our feature news, Nintendo (Apr. 8, 2016), https://www.nintendo.com/en-gb/News/2016/August/What-is-Pokemon-Catch-up-on-the-phenomenon-with-our-feature-news-1128960.html?srsltid=AfmBOoqzQFZ_3FAIseyhAPIwMWKxNUeX9-INTyxpFrHdWS_VY1WBj_kF [https://perma.cc/ZN4Y-TM65].

[vi] Id.

[vii] Filing Lawsuit for Infringement of Patent Rights against Pocketpair, Inc., Nintendo (Sep. 19, 2024), https://www.nintendo.co.jp/corporate/release/en/2024/240919.html [https://perma.cc/G8XH-3RLQ]

[viii] Trademark, patent, or copyright, U.S. Pat. and Trademark Off., https://www.uspto.gov/trademarks/basics/trademark-patent-copyright [https://perma.cc/7DGJ-XTR7] (last visited Oct. 26, 2025).

[ix] Patent essentials, U.S. Pat. and Trademark Off., https://www.uspto.gov/patents/basics/essentials#questions [https://perma.cc/KJR3-PAW2] (last visited Oct. 26, 2025).

[x] Id.

[xi] Barristers Tips: Considering a Career Specialization in Intellectual Property Law, 30 Los Angeles Law. 10, April 2007.

[xii] Supra note vii.

[xiii] [xiii] Palworld, Pocketpair Inc., https://www.pocketpair.jp/palworld [https://perma.cc/7DSZ-8EEB] (last visited Oct. 26, 2025).

[xiv] Palworld, Pocketpair Inc., https://www.pocketpair.jp/palworld [https://perma.cc/7DSZ-8EEB] (last visited Oct. 26, 2025).

[xv] Id.

[xvi] Id.

[xvii] Jennifer Young, Palworld isn’t the only target – Nintendo’s latest patent could touch hundreds of games, Windows Central (Sep. 9, 2025) https://www.windowscentral.com/gaming/palworld-isnt-the-only-target-nintendos-latest-patent-could-touch-hundreds-of-games (last visited Oct. 26, 2025)

[xviii] Report on Patent Infingement Lawsuit, Pocketpair Inc. (Nov. 8, 2024) https://www.pocketpair.jp/news/20241108.

[xix] Id.

[xx] Ryan McCormick, Gotta catch ‘em all: an update on the Nintendo-Pocketpair lawsuit, The Patent Lawyer (Nov. 26, 2024) https://patentlawyermagazine.com/gotta-catch-em-all-an-update-on-the-nintendo-pocketpair-lawsuit/.

[xxi] Supra note 5.

[xxii] Supra note 15.

[xxiii] Id.

[xxiv] Id.

[xxv] Supra note 20.

[xxvi] Supra note 15.

[xxvii] Supra note 17.

[xxviii] Regarding the Lawsuit, Changes to Palworld, and the Future, Pocketpair Inc. (May 8, 2025) https://www.pocketpair.jp/news/20250508.

[xxix] Id.

[xxx] Id.

[xxxi] Id.

[xxxii] Id.

[xxxiii] 35 U.S.C. § 112 (2025).

[xxxiv] 35 U.S.C. § 103 (2025).

[xxxv] U.S. Patent No. 12,409,387 (filed May 2, 2024) (granted September 9, 2025)

[xxxvi] Florian Muller, Last week, Nintendo and The Pokémon Company received a U.S. patent on summoning a character and letting it fight another, Games Fray (Sep. 9, 2025) https://www.ign.com/articles/nintendo-rewrites-patent-mid-case-in-ongoing-lawsuit-against-palworld-dev-pocketpair-but-why.

[xxxvii] Supra note xxviii.

[xxxviii] Supra note xxxv.

[xxxix] U.S. Patent No. 12,403,397 (filed March 1, 2023) (granted September 2, 2025).

[xl] Id.

[xli] Supra note 35.

[xlii] Florian Muller, Nintendo resorts to weird patent claims as its litigation against Palworld maker Pocketpair is struggling, Games Fray (July 16, 2025) https://gamesfray.com/nintendo-resorts-to-weird-patent-claims-as-its-litigation-against-palworld-maker-pocketpair-is-struggling/ [https://perma.cc/2LJK-7S8J].

[xliii] Lincoln Carpenter, 'An embarrassing failure of the US patent system': Videogame IP lawyer says Nintendo's latest patents on Pokémon mechanics 'should not have happened, full stop', PC Gamer (September 10, 2025) https://www.pcgamer.com/gaming-industry/an-embarrassing-failure-of-the-us-patent-system-videogame-ip-lawyer-says-nintendos-latest-patents-on-pokemon-mechanics-should-not-have-happened-full-stop/ (last visited Oct. 26, 2025).

[xliv] Id.

[xlv] Id.

[xlvi] Lincoln Carpenter, Former Pokémon Company head lawyer says yeah, those latest Nintendo patents are a bit much, aren't they: 'I wish Nintendo and Pokémon good luck when the first other developer just entirely ignores this patent' , PC Gamer (September 11, 2025) https://www.pcgamer.com/gaming-industry/former-pokemon-company-head-lawyer-says-yeah-those-latest-nintendo-patents-are-a-bit-much-arent-they-i-wish-nintendo-and-pokemon-good-luck-when-the-first-other-developer-just-entirely-ignores-this-patent/ [https://perma.cc/UG3P-9NWY] (last visited Oct. 26, 2025).

[xlvii] Id.

[xlviii] Supra note xxxiv.

[xlix] Supra note xxxxvi.