USPTO Orders Reexamination of Nintendo's Controversial Summon Patent

The United States Patent and Trademark Office (USPTO) has initiated a rare reexamination of Nintendo's Patent No. 12,403,397, commonly referred to as the "’397 patent." This patent, granted in September 2025, covers a gameplay mechanic that allows players to summon sub-characters to engage in battles, a feature reminiscent of mechanics found in various games, including Pokémon. The reexamination was ordered by USPTO Director John A. Squires on November 3, 2025, following significant public backlash and concerns regarding the patent's validity.

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Director Squires cited "substantial new questions of patentability" regarding claims 1, 13, 25, and 26 of the ’397 patent. He referenced two prior art patents: a 2002 application by Konami (Yabe) and a 2019 application by Nintendo (Taura), both of which involve similar mechanics of controlling sub-characters in combat. Squires noted that these prior patents could undermine the uniqueness of Nintendo's claims, suggesting that a reasonable examiner would find them critical in assessing the patent's validity.

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Nintendo's ongoing litigation against Pocketpair, the developer of Palworld, has been complicated by this reexamination. The lawsuit alleges that Palworld infringes on multiple patents related to monster-catching gameplay, including the summoning mechanic. The potential invalidation of the ’397 patent could significantly weaken Nintendo's legal position. Analyst Florian Mueller indicated that the USPTO's leadership aims to correct perceived mistakes in the patent system, which could lead to a revocation of Nintendo's patent.

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The granting of the ’397 patent had sparked outrage among legal experts and the gaming community, who argued that the mechanic is not unique to Nintendo. Games such as Persona, Digimon, and Elden Ring feature similar summoning systems, raising concerns about the implications of allowing a single company to monopolize such gameplay mechanics. Mueller emphasized that the public outcry likely influenced Squires' decision to order the reexamination, highlighting the importance of maintaining trust in the patent system.

US Office Orders Reexamination of Nintendo’s Pokémon "Summon" Patent Following Backlash

Nintendo has two months to respond to the USPTO's order, during which third parties may also present additional prior art references. While the reexamination does not immediately revoke the patent, experts believe it is highly likely that the USPTO will invalidate it. The outcome of this case is being closely monitored, particularly as decisions are expected in 2026 from the Tokyo District Court, where Nintendo's lawsuit against Pocketpair is also pending.

US Office Orders Reexamination of Nintendo’s Pokémon "Summon" Patent Following Backlash

• “determined that substantial new questions of patentability have arisen” — John A. Squires, USPTO Director

US patent office director orders re-examination of Nintendo’s patent on summoning characters to make them battle

• “The USPTO’s leadership likely wanted to correct a mistake that could damage trust in the system.” — Florian Mueller, Analyst

US Office Orders Reexamination of Nintendo’s Pokémon "Summon" Patent Following Backlash

While the reexamination process is underway, there are no immediate developments expected in the ongoing litigation this year. However, the potential for further legal challenges remains, particularly as the gaming industry watches closely for implications regarding patentability of game mechanics.

Engadget