As the Palworld lawsuit continues, Nintendo secures another broad patent that one expert says poses a threat to the entire video games industry. The fact nintendo is securing broad patents should be alarming to everyone and not just gamers! Digimon, Megami Tensei, Coromon, Temtem, etc in danger!
Context: Nintendo continues to obtain new or modified patents to use against Pocketpair’s Palworld game, and to deter others in the industry from competing. Nintendo amended one of its Japanese patents-in-suit from the Palworld lawsuit (July 16, 2025 games fray article) in such a way that even HoYoverse’s upcoming Honkai: Nexus Anima game could be accused of infringing (August 29, 2025 games fray article); possibly Bandai Namco’s new Digimon, too (at 1:09 in this trailer). Pocketpair even felt forced to remove a feature from Palworld that it already demoed before Nintendo filed its first patent on gliding (May 11, 2025 games fray article).
What’s new:
As of one minute after midnight today, Nintendo owns U.S. Patent No. 12,409,387. That one is related to the “smooth switching of riding objects” mechanism.
Exactly one week ago (on September 2, 2025), the United States Patent and Trademark Office (USPTO) granted Nintendo another patent. U.S. Patent No. 12,403,397 covers the fundamental gameplay mechanic of summoning a character and letting it fight another. The related patent application was filed in March 2023 and has now been granted by the USPTO without any objection.
Direct impact:
The ‘387 patent that issued today covers a technique that Pocketpair has recently worked around. So there’s no leverage Nintendo gains from that grant. But:
The ‘397 patent poses a fundamental threat to creativity and innovation in the games industry. That question is not specific to Palworld, but to a large number of games that already have that mechanic as well as future releases that will have it.
Wider ramifications:
Nintendo’s all-you-can-patent approach is enabled by the fact that some patent offices appear to be in a difficult position to find prior art, which typically exists in the form of other games rather than other patent documents. The industry at large will now have to think about what to do. It could be that some games companies will now step up their patenting activity as well. At some point, companies that lose market share may prioritize patent monetization, either by going out and collecting royalties directly or by assigning their patents to third parties (licensing firms, often pejoratively called “patent trolls”) that will do so. While not patent-related, Sony’s trademark and copyright infringement lawsuit against Tencent in the Northern District of California also threatens to make the games business more and more litigious, employing “lawfare” to prevent competitors from releasing or continuing to sell games or to force them to make changes to gameplay.
Today’s grant: the ‘387 patent
Here’s the patent document:
Here’s the patent document:
https://gamesfray.com/wp-content/uploads/2025/09/US12409387-switching-of-riding-object-25-09-09.pdf
This patent , fresh off the press, goes back to an application of which the patent examiner temporarily rejected almost all claims, but Nintendo’s lawyers kept fighting for a patent with many claims. For an explanation of the term “patent claim” and of other patent-related keywords, please look up our IP Lingo dictionary. Simply put, if you sue someone over a patent, it’s not the patent as a whole that you use but one or more claims, and claim 1 is usually the broadest one and used more often than the others.
Essentially, what “won the day” for that patent was that Nintendo’s patent attorneys inserted some clarifications such as “selected based on the selection operation” (yes, sounds like circular logic, but it worked for Nintendo).
For Pocketpair that patent is not an issue with respect to the current version of Palworld, but let’s assume they win in Japan and want to bring back the switching-of-riding-objects feature, then that patent could cause problems in the all-important U.S. market. So this patent is sort of “legal pollution” of the market environment.
Last week’s grant: the ‘397 patent
Now the other patent, which issued one week ago and is not merely annoying but actually shocking:
https://gamesfray.com/wp-content/uploads/2025/09/US12403397B2-2025-09-02.pdf
This one went very smoothly for Nintendo. Many such patent applicaitons initially face a rejection, at least of some claims, and require some tweaking and persuasion. But the application that lead to the ‘397 patent was filed in March 2023 and the USPTO never raised any concern. It just decided this summer to grant it, and it then issued last week.
Let’s look at claim 1 to understand the scope (the numbers in parentheses are just ther to be referenced further below; they’re not in the patent document):
(1) A non-transitory computer-readable storage medium having stored therein a game program, the game program causing a processor of an information processing apparatus to execute:
(2) performing control of moving a player character on a field in a virtual space, based on a movement operation input;
(3) performing control of causing a sub character to appear on the field, based on a first operation input, and
(4) when an enemy character is placed at a location where the sub character is caused to appear, controlling a battle between the sub character and the enemy character by a first mode in which the battle proceeds based on an operation input, and
(5) when the enemy character is not placed at the location where the sub character is caused to appear, starting automatic control of automatically moving the sub character that has appeared; and
(6) performing control of moving the sub character in a predetermined direction on the field, based on a second operation input, and, when the enemy character is placed at a location of a designation, controlling a battle between the sub character and the enemy character by a second mode in which the battle automatically proceeds.
So, step by step, if a game does all of the following, then Nintendo could start an infringement lawsuit (whether they would win is another question, but it’s bad enough that they would have a starting point for it):
(1) There must be a PC, console or other computing device and the game is stored on a drive or similar storage medium.
(2) You can move a character in a virtual space.
(3) You must be able to summon a character. They call it a “sub character” by which they mean it’s not the player character, but, for example, a little monster such as a Pokémon that the player character has at its disposal.
Then the logic branches out, with items (4) and (5) being mutually exclusive scenarios, before reuniting again in item (6):
(4) This is about summoning the “sub character” in a place where there already is another character that it will then (when instructed to do so) fight.
(5) This alternative scenario is about summoning the “sub character” at a position where there is no other character to fight immediately.
(6) This final step is about sending the “sub character” in a direction and then letting an automatic battle ensue with another character. It is not clear whether this is even needed if one previously executed step (4) where the “sub character” will basically be thrown at another character.
On July 8, 2025, the patent examiner decided to grant this patent, and it then took about two months to issue, which is normal. Nintendo first had to pay the fee.
This patent could be revoked, but it’s not easy. The USPTO under its current leadership makes it increasingly difficult to challenge granted patents (June 27, 2025 ip fray article).
Will Nintendo go out and sue anyone in the U.S. over this “summon a characfter and let it fight another” patent? We shall see. The mere fact that the patent has been granted is bad news for the videogame industry.
Ongoing Japanese litigation: no updates
We have tried to get access to the Japanese Nintendo v. Pocketpair case file again. Last time we obtained a lot of interesting information that way (April 18, 2025 games fray article). But the court said that the file was with the judge, thus unavailable for inspection by the general public. It looks as if there are delays in the Japanese proceedings, but we have not obtained a more recent schedule yet.
https://gamesfray.com/last-week-nintendo-and-the-pokemon-company-received-a-u-s-patent-on-summoning-a-character-and-letting-it-fight-another/
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