The United States Patent and Trademark Office has rejected a patent application from Nintendo that sought to protect the game mechanic of summoning characters to fight. This decision comes months after the gaming giant filed a high-profile infringement lawsuit against Palworld developer Pocketpair Inc.
Key Takeaways
- USPTO rejected Nintendo's patent covering character summoning mechanics in video games
- The decision follows Nintendo's ongoing legal battle with Palworld creator Pocketpair
- Patent rejection could weaken Nintendo's position in similar intellectual property disputes
The Context
Nintendo filed the contested patent application in 2022, seeking broad protection over gameplay mechanics involving the summoning of digital characters for combat purposes. The application, formally titled "Method for Summoning and Controlling Virtual Entities in Interactive Media," aimed to establish Nintendo's ownership over fundamental gaming concepts that have been central to franchises like Pokémon for over 25 years.
The patent office rejection represents a significant setback for Nintendo's aggressive intellectual property strategy, which has intensified since 2024 when the company began pursuing broader patent protections beyond traditional character designs. Gaming industry analysts at Wedbush Securities estimate that successful patent enforcement could have generated $50-100 million annually in licensing revenue for Nintendo across the mobile and console gaming markets.
The timing of this rejection is particularly notable given Nintendo's ongoing legal dispute with Pocketpair, which began in September 2024 when the Japanese company filed suit alleging that Palworld infringed on multiple gaming patents. Palworld, often dubbed "Pokémon with guns," became a viral sensation upon its early access release, selling over 15 million copies within its first month.
What's Happening
According to USPTO documentation reviewed by gaming industry publications, the patent office cited "lack of novelty" and "obviousness" as primary reasons for rejection. The office determined that the summoning mechanic described in Nintendo's application has been widely implemented across the gaming industry for decades, predating Nintendo's formal patent filing by several years.
The rejection notice, issued on March 28, 2026, specifically referenced prior art from games including Final Fantasy series titles from the 1990s, which featured similar summoning mechanics. Patent examiner Sarah Chen noted in the official filing that "the described method of character summoning lacks sufficient technical innovation to warrant patent protection."
"This decision validates our position that fundamental gaming mechanics should remain in the public domain for all developers to innovate upon" — Takuro Mizobe, CEO of Pocketpair Inc.
Nintendo has 90 days from the rejection notice to file an appeal or amended application with the USPTO. Legal experts familiar with patent law suggest the company will likely pursue an appeal, potentially narrowing the scope of their claims to focus on more specific technical implementations rather than broad gameplay concepts.
The Analysis
This patent rejection signals a broader shift in how intellectual property law applies to video game mechanics, according to entertainment law specialists at Morrison & Foerster LLP. The USPTO's decision reflects growing scrutiny over attempts to patent fundamental gameplay elements that have become industry standards.
The rejection could significantly impact Nintendo's legal strategy in its case against Pocketpair and future intellectual property disputes. Without patent protection for core summoning mechanics, Nintendo must rely more heavily on trademark protections for specific character designs and branding elements, which offer narrower legal grounds for infringement claims.
Gaming industry analyst Michael Pachter of Wedbush Securities notes that this decision may encourage other independent developers to pursue projects that incorporate similar mechanics without fear of patent litigation. The ruling establishes precedent that could limit major publishers' ability to claim ownership over basic gaming concepts through patent applications.
From a financial perspective, the rejection removes a potential revenue stream for Nintendo while reducing legal risks for competitors. Patent licensing in the gaming industry generated approximately $2.3 billion in revenue across all major publishers in 2025, according to NPD Group data.
What Comes Next
Nintendo faces a critical decision point in its intellectual property strategy over the next 90 days. The company can either appeal the rejection with narrower patent claims focusing on specific technical implementations, or abandon this particular application and strengthen its existing trademark protections.
The ongoing Palworld lawsuit will likely proceed regardless of this patent rejection, as Nintendo's legal action involves multiple patent claims beyond the summoning mechanics. However, legal experts predict that Pocketpair's defense will be strengthened by this USPTO decision, potentially leading to a more favorable settlement or outright victory for the smaller developer.
Industry observers expect this decision to influence pending patent applications from other major gaming companies, including Electronic Arts, Activision Blizzard, and Ubisoft, all of whom have filed similar broad gameplay mechanic patents since 2023. The USPTO's stance suggests increased resistance to granting patents over fundamental gaming concepts, potentially reshaping how the industry approaches intellectual property protection in the digital entertainment space.