Simply weeks after Japan rejected Nintendo’s preliminary efforts to patent a wide range of Pokémon-style monster seize and throwing mechanics – a patent which may show essential within the firm’s ongoing patent infringement lawsuit towards Palworld – the US has taken the “uncommon” step of re-examining a beforehand granted Pokémon patent, believing it could possibly be invalid.
Again in September, the US Patent and Trademark Workplace granted Nintendo a brand new patent (Patent No. 12,403,397, utilized for in March 2023) protecting gameplay mechanics regarding the summoning of a sub-character to battle an enemy. Nonetheless, as reported by Video games Fray, USPTO director John A. Squires has now “personally ordered” the organisation to re-examine that patent following the invention of prior artwork references in two older patents.
In his re-examination order, Squires says he has “decided that substantial new questions of patentability have arisen” in relation to sure claims in Nintendo’s granted patent. These claims broadly reference controlling a participant character on a subject in a digital house primarily based on motion enter; inflicting a sub-character to look on the sector primarily based on enter; utilizing a sub-character to battle an enemy positioned in the identical location primarily based on enter; putting a sub-character into an unoccupied location and having its actions managed robotically, plus conditions the place battling unfolds robotically.
Nonetheless, Squires’ order particularly cites two earlier patents – one filed by Konami in 2002, the opposite by Nintendo in 2019 – each regarding the guide and computerized management of gamers and sub-characters in a digital subject and in battle. “Due to this fact,” the order continues, “an inexpensive examiner would contemplate [the patents] to be essential in deciding whether or not the claims are patentable, and [each] raises a considerable new query of patentability.”
Video games Fray notes Squires’ order (seemingly the primary such re-examination order since 2012) would not robotically imply Nintendo’s patent can be revoked, however it does make it “extremely seemingly” this can happen. Nintendo has two months to answer the order, and third events are additionally in a position to current their very own challenges inside that timeframe.
All this follows the Japan Patent Workplace’s current determination to reject an utility filed by Nintendo in March final 12 months – trying to patent sure seize and item-throwing mechanics – on the grounds “claimed invention(s)” already existed “in Japan or different international nations previous to the submitting of the patent utility”. The rejection – which is not remaining – was primarily based on documentation supplied by an unnamed third-party (believed to be Palworld developer Pocketpair) pointing to situations of comparable mechanics current previous to the submitting in video games comparable to Monster Hunter 4, Ark: Survival Advanced, and Pokémon Go.
Nintendo launched its controversial lawsuit towards Pocketpair final 12 months following Palworld’s wildly profitable launch, accusing the studio of infringing “a number of” patents. In response, Pocketpair vowed to struggle the authorized motion, saying it wished to make sure small studios couldn’t be “hindered or discouraged from pursuing inventive concepts”.
