Nintendo’s Creature Capture Patent Being ‘Re-Examined’ by US Patent and Trademark Office

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The US Patent and Trademark Office is taking another look at a recent Nintendo patent. This patent (number 12,403,397) covers a feature that lets players call characters in to help with battles. While Nintendo received the patent on September 2nd, the re-examination could result in it being cancelled.

As a longtime Nintendo fan, I’ve always known they’re protective of their intellectual property, but right now, everyone’s talking about their lawsuit against the creators of Palworld, Pocketpair. Back in September 2024, Nintendo and The Pokemon Company teamed up to sue them, claiming Palworld actually copies some of Nintendo’s patented technology – specifically, things like riding creatures you’ve captured and then using them in battles. It’s a pretty big deal, and a lot of people are following it closely.

The USPTO May Have Put an Obstacle In Front of Nintendo’s Palworld Lawsuit

Games Fray reported on November 4th that John A. Squires, the director of the US Patent and Trademark Office, has ordered a review of Nintendo’s patent (number 12,403,397) which was first approved in September. Squires believes two older patents could potentially cancel Nintendo’s current claim.

Konami received a patent way back in 2002, and Squires has cited it as prior art. This patent covers controlling multiple supporting characters – those who appear alongside the main player – using either button presses or automated commands. Nintendo also has a related patent, granted in August 2020, that similarly allows control of supporting characters, either manually or automatically. Both patents specifically deal with controlling these supporting characters during battles.

Because of overlaps between existing patents and the one Nintendo received in September (which is central to their lawsuit against Pocketpair), the USPTO is officially reviewing Nintendo’s patent. Nintendo has two months to address this review. While a review doesn’t guarantee the patent will be canceled, experts at Games Fray believe it’s quite possible in this case.

So, this is the second big snag Nintendo’s lawsuit against Pocketpair has hit recently. Just last month, the Japanese Patent Office actually rejected Nintendo’s attempt to patent some creature-catching and battling ideas. Apparently, the examiner pointed out that games like Monster Hunter, Ark, and even Pokemon GO already do pretty much the same thing! It’s a bit of a setback for them, honestly.

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2025-11-04 17:36