The United States Patent and Trademark Office has officially confirmed that it is conducting a re-examination of Nintendo's recently approved patent that enables players to summon characters to fight alongside them in games. Originally granted on September 2 with patent number 12,403,397, this re-evaluation process could potentially result in the patent being invalidated.

Nintendo has established a reputation for being particularly aggressive in protecting its intellectual property rights, but the company's legal strategies are currently under unprecedented scrutiny due to its ongoing litigation against Palworld developer Pocketpair. In September 2024, Nintendo joined forces with The Pokemon Company to file a joint lawsuit alleging that Pocketpair had violated three of Nintendo's patents, including those covering mechanics related to riding captured creatures and using them in combat scenarios.

On November 4, gaming publication Games Fray reported that USPTO Director John A. Squires has personally ordered the re-examination of Nintendo's patent 12,403,397. The director's decision stems from his belief that two previously granted patents may render Nintendo's recent claim invalid due to overlapping concepts and mechanics.

The first prior patent cited in the re-examination was granted to Konami in 2002 and focuses on players controlling multiple secondary characters simultaneously, either through direct manual inputs or automated commands. The second relevant patent belongs to Nintendo itself, obtained in August 2020, which also addresses controlling secondary characters in both manual and automatic modes. Both of these earlier patents specifically relate to managing companion characters during combat situations.

Given the substantial similarities between these previously established patents and Nintendo's September-approved patent—which the company is actively using in its lawsuit against Pocketpair—Director Squires has mandated an official re-examination by the USPTO. Nintendo now has a two-month window to respond to this order. While industry observers note that a re-examination doesn't automatically guarantee patent revocation, the significant overlap with prior art creates a strong possibility that the patent could be invalidated in this particular case.

This development represents the second major setback for Nintendo's legal action against Pocketpair in recent weeks. In late October, the Japan Patent Office rejected Nintendo's application for a similar patent covering creature capture and battle mechanics (application number 2024-031879). The Japanese examiner specifically cited established titles including Monster Hunter, Ark, and Pokemon GO as containing mechanics too similar to those Nintendo was attempting to patent.

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