US Patent Office Orders Rare Review of Nintendo Patent

In a surprising move, the US Patent Office has decided to reevaluate a patent previously granted to Nintendo, which covers a gameplay mechanic involving the summoning of a sub-character in battle. This decision does not immediately revoke the patent but indicates that the Patent Office has concerns that may lead to its revocation. The patent in question, US Patent No. 12,403,397, protects a common gameplay feature where an in-game character can summon support in one of two battle modes. The reexamination seems to be related to prior patents filed by Konami in 2002 and Nintendo itself in 2019, which could serve as 'prior art references' to challenge Nintendo's claim. Nintendo has been given two months to respond, along with any other parties wishing to contest the patent. This move is rare, coming directly from the USPTO director. The development is significant, especially considering Nintendo's recent lawsuit against Palworld developer Pocketpair for allegedly infringing on multiple patent rights. If the patent claim is overturned, it could weaken Nintendo's stance in the lawsuit. Meanwhile, Nintendo has reported substantial increases in hardware and software sales following the launch of the Switch 2, with over 10 million units sold and significant jumps in net sales and operating profits.