Nintendo vs Palworld: Two Patents Rejected

The lawsuit pitting Nintendo and The Pokémon Company against Pocketpair, the team behind Palworld, for alleged patent infringements in the game's development, is increasingly becoming an iconic example of how a software house can "overreact" to a provocation by an indie team.

Let's do a quick recap: when Palworld was introduced to the public, it was immediately clear to everyone how the Pal monsters mimicked Pokémon, even though the game was actually based on fighting, crafting, and survival mechanics that have nothing to do with Nintendo's games. Nintendo was not pleased at all, but unable to sue Pocketpair for image rights infringement [the Pals are still sufficiently discernible from Pokémon], it appealed to certain patents filed at the time and duly renewed, updated, and modified [even after Palworld's launch], which "protect" certain game mechanics.

Specifically, there are three mechanics for which Nintendo claims paternity and seeks compensation from Pocketpair:

1. the mechanic of throwing a ball to initiate a battle with a monster that will then be captured within it;
2. the mechanic of searching for enemies in wild territories;
3. the mechanic of a simple transition while riding one's monsters to explore an open world map.

The Japanese Patent Office: 2 to 1 for Palworld

Fast forward to today and to the note released by the Japanese Patent Office, as reported by Games Fray, which states that two of the three patents presented by Nintendo are considered "rather dubious." The Office disputes the claim that these mechanics were invented by Nintendo, as they are already identifiable in other previous video games and are therefore considered public domain. Among others, the Office cites Monster Hunter 4, ARK, Craftopia [which is another Pocketpair game], and even Pokémon GO. It is quite clear that the observation refers to the last two patents mentioned, while the ball-throwing mechanic is more likely an invention of The Pokémon Company.

As always, the ball is back in the lawyers' court: Nintendo can decide to abandon those two paths - and essentially lose the case, given that Pocketpair has already modified Palworld to remove the Capture Spheres - or proceed with a petition for re-examination to the Patent Office.

It should also be noted that patent law in Japan is rather peculiar: in the rest of the world, it is not possible to register a game mechanic - and this applies to video games as well as other forms of recreational entertainment, such as role-playing games or board games: imagine what would happen if someone registered a mechanic like "roll a die" or "draw a card"! However, it is certainly possible to register terms and details - for example, only in Magic: The Gathering is it possible to "TAP" cards, as "to TAP" is a verb invented by Richard Garfield and registered by Wizards of the Coast: other games that use similar mechanics call it something else - and in this sense, the copying of Pokéballs can certainly be prosecuted.

...but that's certainly the least of this whole stubborn affair...