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Home » Blog » Nintendo’s new patent raises concerns over the future of game development
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Nintendo’s new patent raises concerns over the future of game development

Editorial Team
Last updated: September 19, 2025 1:43 PM
Editorial Team
Published: September 19, 2025
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Nintendo has secured a patent for a specific in-game mechanic involving summoning sub-characters to assist in battles, raising concerns about its potential impact on the gaming industry.

Why it matters: The broad scope of this patent could have significant implications for game developers, potentially stifling creativity and innovation if similar mechanics are deemed to be in breach of Nintendo’s copyright.

The details:

  • The patent, filed in March 2023 and granted in September 2025, outlines various scenarios for deploying and using sub-characters in battle.
  • It captures a specific combination of options, including player-controlled battles, automatic battles, and automatic movement by sub-characters.
  • The patent’s validity could be challenged in court based on anticipation, obviousness, or subject matter eligibility, according to legal experts.

In an ongoing legal battle against developer Pocketpair, Nintendo has argued that game modifications, or “mods,” do not count as real games, a stance that has drawn criticism from the gaming community.

The controversy:

  • Pocketpair, developer of the game Palworld, has pointed to a Dark Souls 3 mod called Pocket Souls as an example of prior art that predates Nintendo’s patents.
  • Legal expert Florian Mueller expressed concern that if the court sides with Nintendo, it could set a dangerous precedent for the modding community, potentially allowing companies to patent modders’ ideas.
  • Industry figures, including a publishing lead from Baldur’s Gate 3 and Pokemon’s former chief legal officer, have criticized Nintendo’s stance and the enforceability of the new patent.

As the high-profile lawsuit continues, the court’s decision could potentially reshape the landscape for both independent developers and the modding community worldwide.

What’s next: Pocketpair is pushing ahead with the planned release of Palworld 1.0 next year, while the gaming community awaits the court’s verdict on these complex issues that could have far-reaching implications for the future of game development and intellectual property law in the industry.

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