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Nintendo’s Broad ‘Summoning’ Patent Draws Sharp Rebuke From Legal Experts

Patent attorneys say the USPTO overlooked decades of prior art, raising doubts about the patent's durability in court.

Overview

  • The USPTO granted Nintendo U.S. Patent No. 12,403,397 covering in-game summoning of sub-characters, a scope analysts say reaches far beyond Pokémon titles.
  • Patent expert Florian Mueller calls the approval a mistake and notes the filing leans on boilerplate technical language to present a gameplay rule as an invention.
  • Former Pokémon Company legal chief Don McGowan predicts developers will ignore the patent, arguing abundant prior art would undercut any infringement case.
  • Industry lawyers warn the patent can still chill smaller studios because defending a suit is costly, with Richard Hoeg saying its mere existence can deter investment.
  • A related riding and flying patent, No. 12,409,387, was also allowed this week, and it remains unclear whether Nintendo will pursue U.S. litigation against Pocketpair's Palworld.