Nintendo’s Pokémon Patents Could Threaten Palworld in Lawsuit

Previous week, we brought to your attention the lawsuit have Nintendo has filed against Palworld. As the week progressed, additional insights about the lawsuit’s specifics and its potential impact on Palworld were made known.

The lawsuit does not concern the character design similarities between Pokémon and Palworld. Making characters that are visually different but have comparable aspects is not illegal. The issue at hand could be Palworld apparently making use of particular game mechanics reminiscent of Pokémon.

For clarity, because I see there’s been some confusion…

In 2021, Nintendo and The Pokemon submitted this patent application and secured it in Japan two years later, in 2023. The application is still ongoing in the U.S.@sweetpotatoes covers this comprehensively: https://t.co/BsVBqtdhMV https://t.co/ZIhquVwfYT

— Stephen Totilo (@stephentotilo) September 20, 2024

Indeed, it’s possible to patent game mechanics. That’s why, for instance, the Nemesis system from the Shadow of Mordor series hasn’t been adopted by anyone else. This acclaimed system, which you might expect to have been embraced by countless other games, is patented by Warner Bros. Games. Consequently, it would be unlawful for anyone else to utilize it for 20 years from the date it was patented.

As stated by Stephen Totilo, a reporter for Game File, The Pokémon Company and Nintendo filed for, and were granted, a patent in Japan for a method of capturing a monster by tossing an object at it. Sounds familiar, no?

Even though the patent application is purportedly ongoing in the U.S., it has been active in Japan since 2023.

It’s plausible that The Pokémon Company and Nintendo have had Palworld on their radar for possible litigation for quite a while, with this patent potentially presenting the most compelling case against them. Rest assured, if Nintendo had the opportunity to sue Palworld for character design similarities, they would have already. The preceding company sued by Nintendo for patent violations ultimately owed Nintendo approximately $20 million when it was all said and done.

Historically, Palworld was excluded from this year’s Tokyo game show, where an announcement regarding a PS5 version of the game was anticipated.

One can safely assume Nintendo has committed considerable time and effort in preparing this lawsuit, and it appears they may have legitimate legal ground to stand on, at least in Japan.