Highlights
- The USPTO rejected Nintendo’s patent covering summon-based sub-character battles.
- USPTO Director, John A. Squires, ordered a review that cited four earlier patents as prior art.
- Nintendo has two months to respond, request an extension, or appeal.
The United States Patent and Trademark Office (USPTO) has rejected Nintendo’s patent covering a gameplay mechanic. It allows players to summon a sub-character to fight in automatic or manual modes. The non-final ruling invalidates all 26 claims tied to the patent after a rare ex parte reexamination ordered by USPTO Director, John A. Squires.
Nintendo now has two months to respond, with the option to request an extension or appeal to the Federal Circuit.
Likewise, Nintendo got the patent in September 2025, prompting debate over whether common companion-based combat systems could become restricted. Less than two months later, Squires initiated the reexamination, describing the move as necessary after reviewing earlier filings.
Squires stated that he had “determined that substantial new questions of patentability have arisen” based on previously published patents.
USPTO
USPTO Cites Prior Patents as Basis for Invalidation
The USPTO’s rejection relies on four prior art references. These include Nintendo’s own Taura filing from 2020 and Motokura from 2022, Konami’s Yabe patent from 2002, and Bandai Namco’s Shimomoto patent from 2020.
According to the examiner, combining Taura with either Yabe or Motokura invalidates 18 claims. Adding Shimomoto provides the missing elements that invalidate the remaining eight claims, leaving no surviving portions in the current decision.
The re-examination did not require evaluating real-world games. Instead, the USPTO relied on combinations of earlier patent applications to argue that the mechanic was obvious.
Even so, Nintendo could attempt to salvage narrower claims, as a single valid claim could still support enforcement, albeit with limited scope.
The ruling also reduces concerns raised when the patent was granted, including potential litigation risks for titles featuring Pokémon-style companion combat systems. However, given that the decision is non-final, the outcome remains dependent on Nintendo’s response and any subsequent appeals.
