律師稱任天堂“召喚並戰鬥”寶可夢專利引發爭議

Intellectual property attorneys have expressed concern over the U.S. patent system after Nintendo secured a patent related to summoning a character and engaging it in combat—a core aspect of the Pokémon franchise.Games Fray revealed that Patent No. 12,403,397 was issued by the U.S. Patent and Trademark Office "without objection" to Nintendo, which is currently involved in legal proceedings against Pocketpair's Palworld.Although the patent essentially describes the fundamental gameplay of Pokémon titles—summoning creatures to battle others with the goal of expanding your collection—numerous other video games employ similar systems. Depending on interpretation, this could include franchises like Persona, Digimon, and even Elden Ring.As highlighted by Games Fray, the patent—originally filed in 2023—appears to cover a technique that Pocketpair attempted to circumvent. However, it also "represents a serious risk to creative freedom and innovation across the gaming industry."This suggests that any game incorporating the following mechanics could now face potential infringement claims from Nintendo:A PC, console, or other computing device must run the game from a storage drive or similar medium.Players can navigate a character within a virtual environment.It must be possible to summon another character. Described as a “sub character,” this refers to a non-player entity—such as a creature like a Pokémon—under the player’s control.The logic then diverges: items 4 and 5 outline separate scenarios before reuniting in item 6.The “sub character” is summoned near another character, triggering combat upon command.In this alternative, the “sub character” is summoned where no other character is present for immediate battle.This final stage involves directing the “sub character” toward another character, initiating automatic combat. It remains unclear whether this step is necessary if step (4) is already executed—effectively having the “sub character” engage another character directly.Reactions to the patent range from surprise to apprehension about its implications, both for existing games with comparable mechanics and for future releases. Legal experts in intellectual property have likewise criticized the decision. IP specialist Florian Mueller stated on social media that Nintendo “should never” have received a patent covering “summon character and let it fight,” while video game patent attorney Kirk Sigmon told PC Gamer that “these claims were in no way justified.”> These types of patents are too often used in bad faith https://t.co/89972KD6NB>
— Very AFK (@Cromwelp) September 10, 2025According to Mueller, this is an international issue. “The Japan Patent Office also granted Nintendo a problematic patent,” he noted. “They revised one of the patents being used against Palworld in Japan. It’s truly excessive.”However, Don McGowan, former chief legal officer at The Pokémon Company, told Eurogamer that the patent will likely be disregarded. "I wish Nintendo and Pokémon the best of luck when another developer simply ignores this patent. If they sue, that developer can present decades of prior art," he explained. "This isn’t comparable to Bandai Namco's loading screen patent.”Nintendo has also obtained U.S. Patent No. 12,409,387, which involves the “smooth transition between rideable objects” mechanism. These recent approvals add to a growing portfolio of patents held by the Japanese firm, including one that protects the use of a 'capture item' to ensnare characters in video games—in other words, a Poké Ball.This comes amid Nintendo and The Pokémon Company’s patent lawsuit against Palworld developer Pocketpair. The case centers on three patents granted by the Japan Patent Office (JPO): two covering monster capture and release, and one concerning character riding mechanics. All three patents were filed in 2024, after Palworld’s release, but are derived from earlier Nintendo patents dating back to 2021. This suggests that following Palworld's debut, Nintendo submitted divisional patents tailored to address alleged infringement of its original intellectual property.Since then, Pocketpair has adjusted certain controversial mechanics in Palworld. The November 2024 update removed the ability to summon Pals by throwing Pal Spheres (similar to Poké Balls); now, Pals simply appear beside the player when called. In May, another update altered in-glide mechanics—instead of latching directly onto Glider Pals, players now use special gliding equipment enhanced by Pals. Then, in July, Nintendo and The Pokémon Company modified the wording of one patent involved in the case.During the Game Developers Conference (GDC) in March, IGN spoke at length with John “Bucky” Buckley, communications director and publishing manager for Palworld developer Pocketpair. The conversation followed his conference presentation, 'Community Management Summit: A Palworld Roller Coaster: Surviving the Drop.' In his talk, Buckley openly discussed several of Palworld’s challenges, including allegations of using generative AI (which Pocketpair has since convincingly refuted) and claims of copying Pokémon’s creature models (which the original accuser later retracted). He also briefly addressed Nintendo’s patent lawsuit against the studio, describing it as “a shock” and “something nobody had anticipated.”