It’s been a topic of debate for some time now whether Nintendo might suePalworld, and those fears have come to fruition. This new lawsuit againstPalworld,Pokemon’s indie competitor, could spell serious trouble for studio Pocketpair.
Nintendo is famously litigiousand has been known to act against fan games, system modders, YouTube creators, hackers, ROM sites, and more. Thanks to this reputation, many fans ofPalworldhave voiced concern that Nintendo might find some cause to sue the game over its design and mechanical similarities to thePokemonseries.
Explaining Nintendo’s Lawsuit Against Palworld
On September 18,Nintendo filed a lawsuit against Pocketpair, citing thatPalworld"infringes multiple patent rights" (according to an official corporate news release). This is an important element of the case, as there has long been a legal precedent that game mechanics can’t be copyrighted (set by cases such asAtari v. Amusement World), but they can be patented. The lawsuit is seeking an “injunction against infringement” as well as compensation for the alleged transgression.
Nintendo’s Weaponizing Patents Against Palworld
Many of Nintendo’s high-profile legal attacks, such as those against fan games likePokemon UraniumandAM2R, have been on the grounds of copyright—the expression of ideas and mechanics as opposed to those elements themselves.
Writing for GamesIndustry.biz, patent attorney Andrew Velzensaid that he would be “surprised” to see Nintendo pursue the copyright angle now as, though similar, Pals are decently distinct from Pokemon. However, Nintendo is no stranger to patent suits, with some higher-profile cases including its lawsuit against mobile developer Colopl.
Japanese patent attorney Kiyoshi Kurihara, in an interview with Yahoo News, narrowed down what patentsNintendo and The Pokemon Company might use. Kurihara agrees that the copyright angle is nonviable for Nintendo, stating that Pals “come close, but they’re narrowly avoiding it,” but brings up 28 possible patents Nintendo might use.
Kurihara names Patent No. 7545191 as the “killer patent” in particular. This is the patent that, to oversimplify, covers catching Pokemon with a Pokeball. This patent is from July 2024 and, according to Kurihara, underwent an accelerated process to completion.
On the other hand, some experts are less inclined to panic. Speaking to Game Rant, patent analyst Florian Mueller stated thatNintendo will do “some damage in Japan, but probably not outside.” Mueller added thatPalworld"probably infringe[s] on nothing that can withstand a serious court review," citing that the patents issued could still be “revoked or narrowed” by the Japanese Patent Office.
Pocketpair Responds To Nintendo’s Lawsuit
In Pocketpair’s Twitter statement on the matter, the studio states how the lawsuit will take away “significant time” from game development. Pocketpair is also “unaware,” at least as of now, of what specific patents it’s being targeted for.
