Overview
- USPTO Director John A. Squires ordered an ex parte re-examination of U.S. Patent No. 12,403,397 covering a sub-character summoning and battle mechanic.
- The order cites Konami’s 2002 Yabe patent and Nintendo’s 2020 Taura patent as prior art teaching manual and automatic battle modes, creating substantial new questions of patentability.
- Independent claims 1, 13, 25, and 26 are specifically flagged in the directive, which does not revoke the patent but initiates a fresh review.
- Director-initiated re-examinations are unusual, with reporting noting the last comparable action occurred in 2012; Nintendo has two months to respond and third parties may file challenges.
- A week earlier, the Japan Patent Office rejected related application 2024-031879 for lack of inventive step citing older games, while Nintendo’s Tokyo District Court case against Pocketpair proceeds.