Nintendo Claims Mods Should Not Be Considered Prior Art in Ongoing Patent Dispute
In a recent development in the patent lawsuit against Pocketpair, the developer of Palworld, Nintendo has made a case against considering mods as prior art. According to a report by Games Fray, which obtained information from a neutral source reviewing the case files, Nintendo is pushing back against the idea that mods should be recognized as prior art, citing that they cannot operate on their own without the underlying game. This stance is in response to Pocketpair's argument, presented in February 2025, that Nintendo's lawsuit should be invalidated due to the existence of prior art that predates Nintendo's claimed inventions. Pocketpair pointed to various mods, including the Dark Souls 3 meets Pokémon mod, Pocket Souls, as well as the Pixelmon mod for Minecraft and the NukaMon mod for Fallout 4, as evidence of prior art. However, Nintendo counters that these mods do not qualify as prior art because they are incapable of running independently, unlike the games they are based on. Games Fray questions the validity of Nintendo's argument from a patent law perspective, suggesting that the relevance of mods as prior art lies in their potential to inspire game developers, regardless of whether they can be used independently. The outcome of this argument will be determined by the court, but historical precedent suggests that attempts to narrowly define prior art are often rejected. The case is currently experiencing delays, with little expected to happen before the end of the year. Meanwhile, Pocketpair has announced plans to release Palworld from early access in 2026, despite the ongoing legal dispute.