Nintendo and Pokémon Sue Over “Pokémon With Guns” Game

Key Details of the Case

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Pocketpair launched Palworld, an exciting open-world adventure game, into early access in early 2024. This game immerses players in a vibrant universe populated by animal-like creatures, which has drawn comparisons to the beloved Pokémon franchise. The game even earned an unofficial nickname—“Pokémon with guns”. In light of these similarities, Nintendo and The Pokémon Company have initiated a lawsuit alleging patent infringement regarding certain gaming concepts used in Palworld.

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Notably, in September, they accused Pocketpair of violating three specific Japanese patents and requested ten million yen (about $65,160) in damages.

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The dispute centers around three Japanese patents:

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→ Patent No. 7545191 – Describes the activation of “rideable characters” that can move through the air when prompted by the player. Palworld features flying mounts, which likely triggered the claim.

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→ Patent No. 7493117 – Covers aiming and throwing an item to capture creatures, along with an indicator showing the success rate. Palworld uses a similar mechanic with its “Pal Sphere” and a capture success indicator.

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→ Patent No. 7528390 – Relates to combining two actions: aiming a capture device and releasing a captured creature to battle. This mechanic is also present in Palworld during monster fights.

Palworld Alters Summoning Mechanic Amid Legal Dispute

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In response to the ongoing lawsuit, one of the most recent patches for Palworld disabled the option to call captured animals by tossing special spheres into the battlefield—a feature that directly resembled mechanics protected by The Pokémon Company’s patents.

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While Pocketpair has not officially commented on this change, many speculate that it was a strategic move to reduce legal risks. Notably, the core feature of capturing creatures with spheres remains in the game, suggesting that Pocketpair is carefully navigating the lawsuit’s impact. It is unclear whether this remaining mechanic will be altered in future updates.

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The removal of the summoning feature could be an attempt to avoid a negative outcome in court, as this mechanic was a focal point in the patent infringement claims.

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Why No Copyright Claim?

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Nintendo is not alleging copyright violation but focuses on patent rights instead. The game and its elements are protected by copyright, and it would seem that Nintendo could accuse Palworld of copying their characters—Pokémon.

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Nintendo’s decision to pursue patent infringement instead of copyright infringement might seem surprising, but it’s likely a calculated move. Establishing copyright infringement is challenging due to significant differences in world and character designs, suggesting any similarities may be coincidental. Notably, Nintendo and The Pokémon Company have filed a lawsuit against Palworld's developer, Pocketpair, alleging patent infringement related to game mechanics, rather than copyright issues concerning character design.

What Are Patents in Games?

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Patents protect new inventions or processes, and in the context of video games, these often relate to innovative mechanics. However, patenting gameplay features is a rare and challenging process, with only a few major companies able to do so. Here are examples:

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Nemesis System (Warner Bros.)

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The Nemesis System, a crucial component of the Shadow of War and Shadow of Mordor games, was patented by Warner Bros. in 2021. This idea enables ordinary army orcs to develop according to how they communicate with the player. For example, if an orc lives, it gains strength, learns new abilities, and may even remember prior encounters when confronted with the player again.

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Dual-Reality Gameplay (Bloober Team)

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In The Medium, the player takes control of a figure who exists in both the physical and spiritual worlds. Bloober Team, the creator, has patented this “dual-reality gameplay”. The invention relates to the concurrent supervision of characters in diverse digital worlds.

Why Patent Disputes Are Tough to Win

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In patent disputes, simply showing similarities isn’t enough. To win, plaintiffs must prove that the defendant’s product exactly matches the patented details—missing even a single element can cause the case to collapse. If Nintendo and The Pokémon Company succeed, it could set a dangerous precedent in the gaming industry, allowing other companies to use patents to target competitors.

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Notable Patent Disputes in Gaming

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There are already known cases of successful lawsuits over patent infringement on game mechanics. For example, Capcom vs. Koei Tecmo (2019).Capcom won a lawsuit in Japan’s Intellectual Property High Court, involving patents for vibration controllers that notify players about nearby enemies and unlocking bonus content using previous game discs.

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It's worth noting that Pokémon has already been at the center of a patent issue. In 2022, K.Mizra successfully sued Niantic in Germany. The court concluded that Niantic's Pokémon Go, which was created with backing from The Pokémon Company, infringed on the plaintiff's patent. The disputed patent eased device interaction, allowing users to participate in multiplayer modes.

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The lawsuit between Nintendo, The Pokémon Company, and Pocketpair is one to watch. If Nintendo and Pokémon win, it could set a significant precedent for future patent-based disputes in the gaming industry. The specifics of the case remain unclear, but we’ll continue monitoring as it unfolds.

Nintendo and Pokémon Sue Over “Pokémon With Guns” Game — What You Need to Know

Key Details of the Case

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The dispute centers around three Japanese patents:

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