Nintendo vs Pocketpair: Potential US Patent Clash Over Palworld Mechanics

Anticipation Rises for a Potential US Patent Lawsuit: Nintendo vs Palworld

Current information indicates that acclaimed video game developer, Nintendo, alongside The Pokémon Company, may be preparing for a potential US lawsuit against Pocketpair, creators of Palworld. This comes on the heels of increased Pokémon patent filings by Nintendo, and speculation from authorities in the field.

The Maze of Legalities: Patents, Mechanisms and Allegations

Reports from Yahoo Japan, interpreted by Automaton Media, noted patent attorney Kiyoshi Kurihara's view that a US patent infringement case may be on the horizon, augmenting the existing Japanese lawsuit. Nintendo and The Pokémon Company have purportedly asserted that Pocketpair contravened several subsidiary patents pertaining to ‘third person monster-catching-and-releasing’ mechanics during Palworld’s development.

The peculiar factor lies in the sequence of events. These subsidiary patents were submitted subsequent to the Early Access initiation of Palworld. Despite this, the prevailing patent system allows these patents to backdate to the original approval date of their parent patent, placing Pocketpair within retrospective lawsuit territories.

In the US, the focal patents are 20240286040 and 20240278129. While both are presently under submission, they have not received final approval. It's notable that the earlier patent already encountered an initial dismissal due to Section 101 of the US Patent Act. This law explicitly forbids the patenting of abstract concepts in both US and Japanese jurisdictions. Yet, the interpretation of 'abstract' fluctuates between the two countries. Where the US often categorizes software-related concepts as abstract, Japan generally does not reject patents on these grounds.

State of Play: Future Implications and Market Impact

In light of Nintendo and The Pokémon Company's seeming scramble for US patents, Kurihara hypothesizes that another patent violation lawsuit is in preparation. However, he perceives a delicate balancing act of revising patents for acceptance and maintaining their clout in court.

Industry observer Andrew Velzen remarks that these American patents, filed post Palworld's launch, were both subject to Track One acceleration requests. Following rejections in July, the interested parties have until mid and late October to modify the patents to stay within Track One.

Likewise, gaming expert Dr. Serkan Toto emphasizes the breadth of Nintendo's patents. Some speculate that Nintendo could have targeted numerous industry players back in 2017, but instead reserved legal force for perceived threats. Despite the controversy surrounding the quality of recent Pokémon games, Palworld amassed 25 million players in just one month post-launch with an approximate revenue of $215 million over a two-month period.

Palworld's pursuit of areas that Nintendo traditionally dominates, such as merchandise alongside Sony and Aniplex, also raises eyebrows. The situation continues to evolve as Pocketpair currently awaits Nintendo's clarification on the specific patents they are accused of violating.