USPTO Rejects Nintendo Pokémon Summon Patent on Prior Art Grounds
The United States Patent and Trademark Office has rejected all 26 claims in Nintendo's US Patent No. 12,433,397 for the Pokémon "summon and fight" mechanic. This non-final ruling undermines Nintendo's aggressive IP strategy by citing prior art from earlier patent applications, including some filed by Nintendo itself. The decision highlights growing scrutiny of broad gameplay patents in the video game industry.
Patent Covers Core Pokémon Gameplay Loop
Granted in 2025 to Nintendo and The Pokémon Company, the patent targeted summoning a sub-character, such as a Pokémon, to battle in a specific mode. This mechanic forms the foundation of Pokémon games since the 1990s: players throw a ball to release creatures that fight and can be captured. IP experts like Florian Mueller argued Nintendo should never have received it, while patent lawyer Kirk Sigmon described the claims as unallowable, given their overlap with games like Persona, Digimon, and potentially Elden Ring.
Rare Director-Initiated Reexamination Leads to Full Rejection
In November 2025, USPTO Director John A. Squires ordered a reexamination—the first director-initiated one since 2012, without needing a third-party request. The April 2026 examiner's ruling found 18 claims obvious combinations of two prior art references and eight as obvious from three references. Prior art came from published US patent applications by Nintendo (two), Konami, and Bandai Namco, focusing solely on documents rather than actual games.
Implications for Nintendo's Legal Battles and Indie Developers
This US patent differs from the three Japanese ones Nintendo cited in its 2024 lawsuit against Palworld developer Pocketpair, which involve creature capture, release, and riding. Pocketpair altered Palworld by removing summons via ball-like spheres amid pressure, while the Japanese case has stalled. The ruling signals risks for broad mechanic patents, easing fears among indie studios that giants could claim foundational elements like monster-taming or creature collection, genres predating Pokémon.
Nintendo's Response Options Remain Open
As a non-final decision, Nintendo has two months, extendable, to amend claims, rebut arguments, or appeal to the Federal Circuit. Narrowing even one claim could preserve enforcement power. Nintendo retains other Pokémon US patents, but this rejection exposes vulnerabilities in its IP approach amid industry criticism.
