USPTO Rejects Nintendo's 'Summon and Fight' Patent in Non-Final Decision
The U.S. Patent and Trademark Office has issued a non-final rejection of Nintendo's patent covering the summoning of sub-characters for battle, citing prior art and lack of novelty.
The United States Patent and Trademark Office (USPTO) has issued a non-final rejection of Nintendo's U.S. Patent No. 12,403,397, which pertains to the mechanic of summoning sub-characters to engage in battle. The decision, dated April 1, 2026, challenges all 26 claims of the patent, citing prior art and a lack of novelty.
The patent, granted in 2025, describes a system where players can summon a sub-character to fight in one of two modes: automatic or manual control. This mechanic is central to Nintendo's Pokémon series and has been a point of contention in the company's legal actions against other developers.
The USPTO's reexamination was initiated by Director John A. Squires in November 2025, a rare move indicating significant concerns about the patent's validity. The examiner referenced prior patents from Konami (2002), Bandai Namco (2020), and even earlier Nintendo filings, concluding that the claimed invention was an obvious extension of existing technologies.
This non-final ruling provides Nintendo with a two-month window to respond, either by amending the claims or appealing the decision. The outcome of this process could have broader implications for Nintendo's ongoing legal strategies, particularly in cases involving similar game mechanics.
Industry observers note that this development may influence how game developers approach the implementation of summoning mechanics, potentially reducing the risk of litigation over such features.
