IP and Patent Lawyer Declares Nintendo’s Recent Patents “Should Not Have Happened, Full Stop”

Nintendo’s Recent Patents Spark Controversy in Gaming Community

Recently, Gamesfray highlighted that Nintendo has officially obtained US Patent 12, 403, 397. This patent centers around a gameplay mechanic that allows players to “summon a sub-character”and manage its battles against enemy characters. Essentially, this pertains to the core mechanics of Pokémon battles, which now fall under Nintendo’s legal domain. Additionally, this patent adds to the ongoing legal contention between Nintendo and PocketPair, the creators of Palworld.

Nintendo’s intellectual property strategy doesn’t stop there; it has also been awarded US Patent 12, 409, 387, which addresses mechanics enabling player characters to ride various in-game objects. This patent, too, strengthens Nintendo’s position in its litigation efforts against PocketPair and its offerings.

The Implications of Patenting Game Mechanics

The trend of game mechanics patenting raises eyebrows across the gaming ecosystem. Legal experts like IP attorney Kirk Sigmon have voiced strong concerns about these recent developments. In an interview with PC Gamer, Sigmon articulated that such patents are symptomatic of deeper flaws within the U. S.patent system. He firmly stated, “Broadly, I don’t disagree with the many online complaints about these Nintendo patents. They have been an embarrassing failure of the US patent system.”

Sigmon further elaborated on the issue, arguing that the United States Patent and Trademark Office (USPTO) failed to adequately scrutinize Nintendo’s patent submissions.“This seems like a situation where the USPTO essentially dropped the ball, allowing these patents to slip through without proper evaluation, ”he contended. In his view, the claims were overly broad and should not have received approval from the USPTO.

Diagram showing a character selection screen with options BATTLE, CAPTURE, ESCAPE, and characters labeled with levels Lv5 and Lv6. — Diagram from US patent 12, 403, 397, which covers the mechanic of summoning a sub-character for combat.

FIG.9 shows a landscape sketch with numbered elements, including a character labeled 70 and terrain features. — Diagram from US patent 12, 409, 387, outlining game mechanics involving player characters riding in-game objects.

The Broader Fallout

The ramifications of these patents extend far beyond Nintendo’s legal battles. Sigmon warns that such broad patents can empower large corporations to intimidate smaller developers and game titles. This not only stifles creativity but creates apprehension around innovation in the gaming industry.“The USPTO dropped the ball big time, and it’s going to externalize a lot of uncertainty, and potential litigation costs, on developers who don’t deserve it, ”he explained. This creates an environment where the patent system is exploited by industry giants to squash competition through the threat of dubious lawsuits.

Nintendo’s patent strategy—which includes modifying existing patents to strengthen its position against PocketPair—raises questions about the ethical use of intellectual property among gaming companies. Reports from earlier this year indicated that Nintendo has adopted ‘Hail Mary’ tactics in its legal efforts, adjusting its existing patent portfolio to bolster its claims against PocketPair.

While there is potential for these patents to be challenged in an Inter Partes Review, the likelihood of the USPTO rigorously examining these patents seems dim, given how swiftly they were approved initially. Ultimately, the future of gameplay mechanics in the industry hangs in the balance as legal frameworks struggle to keep pace with innovation.

Source & Images