Nintendo has registered a patent in the USA that secures their rights to an important gameplay mechanic. However, many games not developed by Nintendo also utilize it – not just Palworld.
What has been patented? Specifically, it is about U.S. Patent No. 12.403.397, which Nintendo secured on September 9, 2025, in the United States of America. This was approved alongside U.S. Patent No. 12.409.387.
The latter, however, attracts far less attention, as No. 12.403.397 revolves around summoning and controlling additional game characters for games that run on consoles and similar devices: Here, it is about Nintendo securing the way a character invokes or summons a second one. This second character can fight and be used by the first character in case of a battle.
This mechanic, in its basic form, applies not only to Nintendo’s Pokémon series or Palworld but also to several other games.
A patent to conquer them all – Or not?
Which games use such mechanics? The basic mechanic of summoning a capable second character and sending it into battle
is not new. It is even included in its basic form in many games, like Palworld. Here are a few examples:
- Final Fantasy XIV
- The chocobo of the character can be summoned for battles in the overworld and sent after enemies.
- ARK: Survival Evolved
- In the game, creatures can be tamed and used in combat.
- Dragon’s Dogma 2
- Here,
henchmen
can be hired, who respond to commands.
- Here,
- Ni no Kuni: Wrath of the White Witch
- Here, familiars
are trained
that can fight for you in battle.
- Here, familiars
- Diablo & Path of Exile
- Pet builds like necromancers, witch doctors, or summoners also summon creatures that can then fight for them.
- Baldur’s Gate 3
- With spells, allies, elementals, or creatures from other dimensions can be summoned. Dog Scratch is also summoned very specifically with a ball.
- Magic The Gathering: Arena
- Here, monsters are summoned to defend your life points.
But: Patents cannot be applied retroactively to games that have already been released. Therefore, Nintendo cannot go to Blizzard and prohibit them from using the necromancer. Or try to eradicate Scratch from Baldur’s Gate 3.
However, this is different for games that are currently still in development. For example, Aniimo could be affected, as well as Palworld. Or any other game that utilizes classes with pet builds or companions. And at present, there will be quite a few titles in development.
Where is the catch? In fact, the patent cannot be applied retroactively and is incredibly specific. It specifically mentions two modes:
Action 1 is summoning. Either the second character is summoned directly onto an enemy to initiate a battle (Mode 1) or it runs alongside Character One. The latter scenario can lead to Mode 2, in which Character 1 or the player sends Character 2 after an enemy to initiate a battle.
In Palworld, this applies only partially: Currently, a Pal cannot be directly summoned onto an enemy to stage a battle. Thus, Mode 1 does not apply. Depending on whether both modes or just one need to be possible, this could pose a problem for the Palworld developers.
In the end, it depends on whether all details mentioned in the patent must simultaneously apply to a game or not. But that is a matter of interpretation that qualified patent attorneys need to address. Overall, this particular patent has faced criticism. Among others, a lawyer has already spoken out: Lawyer comments on the dispute between Nintendo and Palworld, finds approval of the new patent “highly unusual”
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