In a move that has caused widespread concern among game developers, Nintendo has successfully secured a US patent for the fundamental gameplay mechanic of summoning a character to fight on a player’s behalf.
The patent, U.S. Patent No. 12,403,397, has been widely criticised for its broad scope, covering a concept that has been a staple in video games for decades, long before the patent application was filed in March 2023. The approval has left many wondering how such a pre-existing idea could be granted protection, with experts suggesting that carefully crafted technical jargon may have been the key.
This development occurs amidst Nintendo’s ongoing legal actions against Pocketpair, the creators of the hit game Palworld. While this new patent is not yet part of that lawsuit, its existence is seen by many as another tool in Nintendo’s arsenal to deter competitors and exert influence over the industry.
According to analysis by patent and gaming litigation expert Florian Mueller of GamesFray, the patent’s success likely hinges on its deliberately technical and vague wording. Mueller suggests the filing disguises a simple game rule as a complex invention. The patent’s first claim refers to a “non-transitory computer-readable storage medium having stored therein a game program.” Mueller describes this as ‘boilerplate’ language, an attempt to present the patent as a technical innovation rather than an unpatentable abstract idea or game rule.
The core of the patent breaks down the summoning mechanic into a series of steps that will be familiar to any seasoned gamer. It describes a game that:
- Is stored on a computer-readable medium (like any game on a console or PC).
- Allows a player to move their character in a virtual space.
- Lets a player summon a “sub character” with a button press.
- Initiates a battle if the sub-character appears near an enemy.
- Allows the sub-character to move automatically if no enemy is present.
- Lets the player direct the sub-character to a new location to start an automatic battle.
This description is so generic it could apply to countless titles, from the Final Fantasy series with its iconic summons to the core mechanics of the Shin Megami Tensei franchise. Yet, the US Patent and Trademark Office (USPTO) granted the patent without objection, a process that Mueller notes was unusually smooth.
In a podcast with FritangaPlays, Mueller expressed his surprise at the decision. “I think it should not have been granted. The patent office made a huge mistake,” he said, suggesting the examiner may have lacked deep gaming knowledge and failed to recognise the extensive prior art.
Even if the patent would not survive a legal challenge in court, its mere existence creates a significant chilling effect, particularly for smaller independent studios. The threat of litigation from a corporate giant like Nintendo is often enough to force developers to alter their game designs or settle, regardless of the patent’s validity.
Mueller warned of the potential consequences in the press release.
Litigation is expensive. Even if you’re right, even if you’re confident you would win, you still have to spend millions fighting the lawsuit. And for smaller developers, that’s not an option.”
This patent is part of a broader, more litigious trend in the gaming industry. Nintendo has been actively amending other patents related to its ongoing case against Palworld, and other major players like Sony are also engaged in high-profile lawsuits. For now, the industry is watching closely to see if Nintendo will wield its new “summoning” patent in court, a move that could have ramifications for creative freedom in game development for years to come.
Photo by Alvaro Reyes on Unsplash
