Nintendo's patent on summoning fighting NPCs is being reexamined

Nintendo's patent on summoning fighting NPCs is being reexamined by the US Patent and Trademark Office (USPTO). The patent, which was granted in September, is expected to be used by Nintendo in its lawsuit against the game Palworld. The USPTO's decision to reexamine the patent is unusual, as it was issued just recently and the reexamination may be the first in over a decade. The reexamination is likely driven by widespread concerns about the potential for Nintendo to monopolize well-established game mechanics, particularly for indie developers. The Trump-appointed USPTO Director, John A. Squires, has historically sided with patent holders, making it harder to contest them. However, the reexamination is being influenced by prior art, including a 2002 patent application from Konami and a separate Nintendo patent published in 2020. Nintendo now has two months to respond, and third parties can come forward with additional prior art references during this period. The outcome of this case is being closely watched by the gaming industry, as it could set a precedent for the monopolization of game mechanics, which could be particularly detrimental to independent developers.