Overview
- USPTO Director John A. Squires ordered an ex parte reexamination of U.S. Patent No. 12,403,397, specifically targeting independent claims 1, 13, 25, and 26.
- The order cites earlier patents by Konami (Yabe, 2002) and Nintendo (Taura, 2019) as prior art that raise substantial new questions of patentability.
- Nintendo has two months to respond to the USPTO action, and third parties may also file challenges during the review window.
- Separately, the Japan Patent Office issued a non-final rejection of Nintendo application 2024-031879 for lack of inventive step, referencing prior art from ARK, Monster Hunter 4, Craftopia, Kantai Collection, and Pokémon GO.
- Analysts say these patent-office moves increase the likelihood that key claims will be narrowed or invalidated, potentially weakening Nintendo’s ongoing Tokyo District Court lawsuit expected to extend into 2026.