Nintendo Argues 'Mods Aren't Real Games' in Palworld Patent suit

Nintendo is reportedly arguing that game mods should not be considered as "real games." This bizarre strategy is being used in a patent dispute against Palworld developer Pocketpair and is seen as a major slap in the face to the global modding community. 

More importantly, it's a high-risk gamble that could spectacularly backfire and weaken Nintendo's entire case against its biggest rival.

This is the latest chapter in an ongoing legal saga that began in September 2024, turning a complex patent battle into a philosophical debate on what even constitutes a game.

This high-stakes legal battle began when Nintendo and The Pokémon Company filed a lawsuit in Tokyo District Court, claiming the smash-hit Palworld, which has sold over 25 million copies, infringes on three patents they filed in late 2021. These patents cover specific gameplay systems, including aiming mechanics and capture success rates.

As part of its defense, Pocketpair is using a powerful legal strategy known as prior art. In simple terms, they are arguing that the gameplay mechanics Nintendo patented already existed in other forms before the patent was ever filed. 

As IP attorney Kirk Sigmon explained in an interview with PC Gamer, Japanese courts often side with defendants who can prove prior art. Pocketpair's key piece of evidence is Pocket Souls, a popular mod for Dark Souls 3 that allowed players to capture enemies, a mechanic that closely resembles Nintendo's patent claims (JP 2023-092953). Pocketpair is arguing that if a mod did it first, Nintendo's patent is invalid.

Instead of challenging the mod's existence, Nintendo made a shocking counter-argument. In court documents filed in September 2025, Nintendo’s legal team argued that mods like Pocket Souls don't qualify as prior art because they are not "standalone" or "independent games," as they require a host game to operate. 

This claim is a direct dismissal of the creativity and technical skill of the entire modding community, a culture responsible for industry-defining titans like Counter-Strike and DOTA, which both started as mods. 

To say their work isn't "real" is seen by many as a profoundly dismissive tactic designed to win a legal argument at the expense of a huge part of PC gaming culture.

Legal analysts like Florian Mueller have described Nintendo’s approach as "extreme." If the Tokyo District Court were to accept this argument, it could set a terrifying precedent. A developer could see an innovative mechanic in a mod, patent it, and then legally force the original modder to shut down for infringing on their own idea. 

It would create a world where creators are at risk of being punished for their own innovation. This move is consistent with Nintendo's long and well-documented history of aggressive legal action against fan communities. In the past, the company has:

• Sued the creators of the Yuzu Switch emulator, leading to a $2.4 million settlement in March 2024 that shut the project down.
• Issued DMCA notices that forced the popular game Garry's Mod to remove all Nintendo-related items from the Steam Workshop.
• Forced the shutdown of a fan-made multiplayer mod for The Legend of Zelda: Breath of the Wild.
• Issued a cease and desist to the critically acclaimed fan project AM2R (Another Metroid 2 Remake).

In its relentless quest to protect its IP, Nintendo's "mods aren't real games" stance may be its most audacious yet. While we have to wait and see how the court rules, it's a risky gamble that could alienate its fanbase and potentially cost the company its biggest legal fight of the decade.