The United States Patent and Trademark Office has rejected all 26 elements of Nintendo's controversial "summon subcharacter and let it fight" application, dealing a significant blow to the company's ongoing legal battle with Palworld developer Pocketpair. The non-final decision gives the gaming giant two months to respond before the filing could be permanently revoked.
Examiners found the gameplay mechanic covered by US Patent No. 12,403,397 was already described in prior art references, including Nintendo's own earlier intellectual property. The rejection cites combinations of two or three existing applications that collectively invalidate the elements.
USPTO director John A. Squires personally ordered a re-examination last November, marking the first time since 2012 that a director intervened without another company formally challenging it. Intellectual property lawyers had criticized the original September 2025 grant as an "embarrassing failure of the US patent system."
The contested filing describes summoning a secondary character to battle alongside a player-controlled character, with options for either automatic combat or manual control. Examiners determined this concept was already covered by earlier intellectual property including Nintendo's Taura filing from 2020 and Motokura application from 2022, Konami's Yabe submission from 2002, and Bandai Namco's Shimomoto grant in 2020.
The company can still appeal or attempt to salvage individual arguments through submissions within the two-month response window. Even one valid element could provide limited legal protection against alleged infringers.
The rejection comes as Nintendo pursues legal action against Pocketpair in Tokyo District Court, alleging Palworld infringes multiple rights related to monster capture mechanics. The Pokémon-style survival game launched in early access during January 2024 and quickly broke sales records across Steam and Xbox platforms.
Pocketpair removed Pal Sphere throwing mechanics last November following legal pressure, though development continues toward a planned full release later this year. The company faces potential injunctions and damages exceeding $32,000 per infringement if Nintendo prevails in court proceedings that began last October.
"IP expert Florian Mueller called the original grant something Nintendo 'should never' have received, while video game patent lawyer Kirk Sigmon told PC Gamer the arguments were 'in no way allowable.'"
Both had publicly criticized the USPTO's initial approval before director Squires ordered reconsideration. The gaming company seeks both injunctions blocking Palworld releases and compensation for alleged damages through ongoing Tokyo litigation that began last October.
