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

Nintendo’s controversial “summon and fight” Pokémon patent is now under reexamination by the U.S. Patent and Trademark Office (USPTO), following significant public backlash.

Nintendo’s ‘Summon and Fight’ Patent Faces Rare U.S. Patent Office Review

The story began in September when Nintendo was granted Patent No. 12,403,397, often referred to as the “’397 patent,” without any objection. The patent essentially describes a mechanic where players summon a character to fight on their behalf, something that has defined Pokémon for decades.

But many pointed out this mechanic isn’t unique to Nintendo. Games like Persona, Digimon, and even Elden Ring feature similar systems, depending on how broadly you interpret the claims. That’s why the decision to grant the patent sparked outrage across the gaming and legal communities.

According to reports by Games Fray, the backlash was strong enough to reach the desk of USPTO Director John A. Squires, who took office only in September. In a rare move, Squires "personally" ordered a reexamination of the patent, stating that “substantial new questions of patentability” had arisen.

Squires cited two older filings, one from Konami in 2002 and another from Nintendo itself in 2019, as "prior art" that could undermine the validity of the ’397 patent. Both patents involve the control of sub-characters during combat, whether through manual or automated inputs.

Squires cited U.S. patent applications: Konami in 2002 and Nintendo in 2019. | Image Credit: Games fray

This marks the first director-initiated reexamination order since 2012, a process typically reserved for extraordinary circumstances. Nintendo now has two months to respond.

This development comes at a critical time for Nintendo, which is locked in a high-profile legal battle with Palworld developer Pocketpair. The Pokémon Company and Nintendo have accused Palworld of infringing on their monster capture mechanics, but the weakening of the ’397 patent could seriously undermine their case.

In fact, this is the second major setback in recent weeks. The Japan Patent Office recently rejected one of Nintendo’s monster capture patents, citing older games like ARK: Survival Evolved (2015), Monster Hunter 4 (2013), and Kantai Collection (2013) as prior examples of similar mechanics.

Pocketpair, for its part, has already adjusted Palworld to avoid further disputes. Updates in late 2024 and 2025 changed how summoning and gliding mechanics work, removing features that Nintendo had targeted. Still, the lawsuit continues, with decisions expected next year in Tokyo District Court under Judge Motoyuki Nakashima.

While the reexamination does not immediately revoke Nintendo’s patent, experts believe it is “highly likely” the USPTO will invalidate it. According to analyst Florian Mueller, “The USPTO’s leadership likely wanted to correct a mistake that could damage trust in the system.”

For context, Director Squires has historically favored policies that make it harder to challenge patents, which makes this reversal all the more significant. In previous rulings, Squires had even reinstated canceled patents, so his intervention here highlights the level of scrutiny this case has attracted.

The final decisions are expected sometime in 2026.