Newly Granted Nintendo Patents An ‘Embarrassing Failure’ By The USPTO, Says Patent Attorney
Summary
Timothy Geigner reports that Nintendo has been granted two recent US patents (US 12,409,387 and US 12,403,397) covering gameplay mechanics — one for riding/flying systems and another for summoning and battling with “sub-characters.” Patent lawyer Kirk Sigmon calls the approvals an “embarrassing failure” of the USPTO, noting unusually little examiner pushback and scant reasoning distinguishing the claims from longstanding prior art. The story ties directly to Nintendo’s ongoing litigation with PocketPair over Palworld, where broad patents have already forced gameplay changes.
Key Points
- Nintendo received two patents on mechanics many consider generic: riding/flying and summoning/battling sub-characters.
- Kirk Sigmon says the USPTO displayed minimal scrutiny — claims were allowed with little or no rejection and poor explanation.
- Both patents appear to overlap with abundant prior art and obvious game-design concepts, which ordinarily should block patentability.
- Broad patents can be weaponised: PocketPair has already removed features to reduce legal risk, illustrating the chilling effect.
- Weak but granted patents shift bargaining power to large firms and can stifle competition, especially for indie developers who can’t afford litigation.
Context and Relevance
This piece matters to game developers, IP lawyers and policy watchers. It highlights systemic issues in patent examination — limited prior-art searches, superficial allowances and opaque reasoning — that let broad patents slip through. That dynamic can reshape industry behaviour: studios may self-censor features, smaller teams may avoid risky mechanics, and litigation threats can be used strategically rather than meritoriously.
Why should I read this
Quick and real: Nintendo just scored patents a lot of people think are obvious, and the USPTO barely questioned them. If you make games, follow tech policy or care about fair competition, this explains why the patent system can suddenly feel like a tool for bullying — and what that might mean for future releases and smaller devs.
