Nintendo and The Pokémon Company File Patent Infringement Suit Against Pocketpair Over Game Mechanics

Recent developments have highlighted a significant legal maneuver involving Nintendo and The Pokémon Company. The two entities have initiated legal action against Pocketpair, an independent game studio based in Japan, for what they claim is an infringement of patent rights, effectively halting the game's launch on the PS5 in Japan.

There is a common misconception regarding the basis of this lawsuit. The case is not centered on copyright violations, even though the characters referred to as "Pals" bear a notable resemblance to Pokémon. These characters, however, possess enough distinctions to sidestep any legal concerns surrounding plagiarism, according to the legal framework.

The legal representatives of Nintendo and The Pokémon Company have crafted a more intricate argument aimed at Pocketpair. They are focusing on patent infringements related to gameplay mechanics. This specifically targets the methods used for capturing creatures with "balls," as well as initiating battles and riding these creatures throughout the game.

These specific patents were initially filed jointly by the two companies in 2021, associated with the open-world title Pokémon Legends: Arceus, which introduced an engaging "open world action Pokémon" concept ahead of Palworld's 2024 release.

Nevertheless, a Japanese patent attorney has raised concerns about the efficacy of this approach outside Japan. According to Kiyoshi Kurihara's insights shared in a publication, while the strategy may hold weight domestically, it may not be as effective in the United States, where concepts rooted in "abstract ideas" related to software often face challenges during examination.

Kurihara further emphasized that the evaluation of software-related inventions tends to be more stringent in the United States compared to Japan. However, he noted that some applications related to these patents are currently undergoing a prioritized review process in the U.S., indicating that Nintendo and The Pokémon Company may also be looking to pursue legal action against Pocketpair on American soil.