USPTO Director Orders Review of Nintendo’s Controversial Gameplay Patent

Nintendo’s recent patent approval for a gameplay mechanic described as “summoning monsters and commanding them to battle” has become one of the most controversial industry stories of the year. The United States Patent and Trademark Office (USPTO) initially granted the patent despite the concept’s long-standing presence in numerous franchises, sparking widespread concern and debate across the gaming community.

The issue centred on fears that Nintendo could potentially use the patent to pursue legal action against developers of creature-battle games such as Palworld, Temtem, or Monster Sanctuary. But a new twist has now emerged: the USPTO itself is revisiting its decision.

USPTO Director Orders Internal Review

In a rare and significant move, USPTO Director John A. Squires has personally ordered a reexamination of the patent granted to Nintendo.

This decision did not result from a third-party petition or competitor complaint, but from an internal directive, which is a clear sign of the agency’s recognition of the controversy surrounding the case. Industry analysts suggest that the public backlash and legal scrutiny likely influenced the director’s choice to intervene directly.

While the final outcome remains uncertain, this internal review could lead to a complete revocation of Nintendo’s patent, depending on the evidence presented in the coming weeks.

Nintendo Given Two Months to Defend the Patent

According to a report by GamesFray, Nintendo has been granted two months to justify its claim that the patented gameplay mechanic is novel and distinct from prior works.

During this window, other developers and researchers will be allowed to submit evidence showing precedent systems that predate the Japanese company’s filing, including older monster-battle or summoning mechanics from well-known games and non-patented titles alike.

If the USPTO concludes that the gameplay system lacks originality, the patent may be fully or partially overturned.

Broader Implications for the Industry

This development marks a pivotal moment in the broader discussion over gameplay patents — a growing trend among large publishers seeking to secure mechanics rather than artistic or narrative assets legally.

For Nintendo, this reexamination represents the second major setback in recent months. Earlier this year, the Japan Patent Office rejected a related filing concerning monster-catching systems similar to those seen in Pokémon.

Combined, these rulings suggest that there will be increasing difficulty in asserting ownership over genre-defining mechanics that have long been considered shared creative ground within the gaming landscape. Whether this marks a turning point for how gameplay patents are treated remains to be seen, but for now, the Big N’s grip on the monster-battle formula is far from secure.