As a result of Nintendo’s on-going legal dispute with fellow Japanese games company Pocketpair Inc., creators of alleged Pokémon copycats ‘PalWorld’, the USPTO has invalidated one of Nintendo’s most controversial patents.
On 2 September 2025, nearing the one-year anniversary of a claim being issued against Pocketpair Inc., Nintendo acquired US patent number 12403397, which protected a computerised information processing system that allows characters in games to move automatically towards other characters, who may in turn also move towards the initial character, for the purpose of combat. This covers one of Nintendo’s core concepts in the Pokémon video game franchise, which allows for players to compete with computer generated combatants, but also has widespread use in the greater games industry, being a core concept for many franchises outside of Nintendo’s remit.
Stakeholders view that Nintendo acquired the patent in order to pursue other games companies outside of Japan, with Nintendo being notorious for robust litigation of its intellectual property rights. Ultimately, widespread scrutiny drew the patent to the personal attention of USPTO director John A. Squires, who ordered a review of the patent and found that it should not have been granted in the first place, on the basis of it not being novel, leading to it being invalidated.
Nintendo’s patent being invalidated will not only be a relief to the video game industry, as its patent had the potential to have widespread consequences on the commercial decision-making for games companies, but will also serve as a reminder to any rightsholders who may seek to stifle fair competition.
If you have any questions on the above, or if you need any advice or support in respect of your own intellectual property, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
