US Patent Office makes rare decision to order "reexamination" of previously awarded Nintendo patent

 

The USPTO has requested a reexamination of Nintendo’s U.S. Obvious No. 12,403,397 (regularly abbreviated to “the ’397 patent”), which covers a video‑game technician of summoning a helper/sub‑character in a diversion and empowering either manual control or programmed mode of that sub‑character. 

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Key facts:

The arrange came straightforwardly from the USPTO Executive, John A. Squires — a exceptionally abnormal step. 

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The Chief decided that “substantial unused questions of patentability have arisen” due to earlier craftsmanship (prior patents/publications) that may call into address the oddity or non‑obviousness of the claims in Nintendo’s obvious. 

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Specifically, the earlier craftsmanship cited includes:

A 2002 obvious by Konami Advanced Amusement Co., Ltd. (the “Yabe” obvious) depicting a sub‑character battling nearby a player, naturally or physically. 

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A 2019/2020 obvious by Nintendo itself (the “Taura” obvious) depicting comparable mechanics — meaning Nintendo’s possess prior obvious may weaken the oddity of the afterward one. 

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The re‑examination is being done without a third‑party challenger lodging the ask; instep, the USPTO chosen on its claim. That is particularly uncommon. 

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The inspiration: Nintendo had been forcefully stating this obvious in case, particularly against the engineer Pocketpair Inc. (producer of the diversion Pal world). The diversion includes “Pals” that can be summoned, utilized in combat, etc. 

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Why this is significant

1. Uncommon for the USPTO to initiate

Typically, re‑examinations (or other post‑grant procedures) are activated by third parties (competitors, applicants) who challenge a obvious. For the USPTO Executive to step in on that level is exceedingly abnormal. 

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This signals a higher level of concern that the obvious may be excessively wide or tricky for the system.

2. Impacts on game‑industry patenting

The obvious covers a decently bland amusement technician: summoning a helper/sub‑character that can battle either beneath player control (manual mode) or consequently (auto mode). Since that kind of technician exists in numerous recreations, if maintained it may donate Nintendo (or other IP proprietors) excessively wide use over numerous developers.

The re‑examination recommends the USPTO is concerned approximately such wide claims and potential smothering of development. 

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3. Suggestions for the continuous litigation

Nintendo has been utilizing the ’397 obvious (and other licenses) in its case against Pocketpair and Pal world. If the re‑examination comes about in negation or narrowing of the claims, it may debilitate Nintendo’s case position. Essentially, other obvious statements in the video‑game space may see expanded scrutiny.

The news articles highlight that one of Nintendo’s related obvious applications in Japan was rejected for missing an creative step — appearing that all inclusive this kind of claim is beneath weight. 

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4. Obvious framework credibility

When a broadly‑applicable amusement workman is protected (and at that point re‑examined for conceivably missing oddity), it raises broader questions around how licenses are allowed in the software/games space. Numerous industry voices are seeing this as a sign of potential exceed, and the USPTO venturing in may be an endeavor to protect validity. 

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What this re‑examination entails

Here’s a common walkthrough of how this handle works (and how it applies here):

A obvious is allowed (in this case, Nintendo’s ’397 patent).

After allow, if “substantial modern questions of patentability” (SNQ) emerge — meaning earlier craftsmanship or other issues that were not already considered and may influence legitimacy — the USPTO can arrange a re‑examination. 

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In this case, the USPTO Chief found that prior licenses (Yabe, Taura) raise SNQs for Nintendo’s claims.

Once the re‑examination is requested, Nintendo (the obvious proprietor) must react; the USPTO will return to the claims in light of the earlier craftsmanship, conceivably narrowing them or cancelling them.

Meanwhile, in case, the obvious is still in drive until/unless it is negated or revised, but the case position may weaken.

Ultimately the result might be: the obvious remains as is, is contracted (claims changed), or is completely invalidated.

Potential Results & What to Watch

Possible outcomes

Patent maintained unaltered: The USPTO might choose that in spite of the earlier craftsmanship, Nintendo’s claims are adequately novel and non‑obvious. That would fortify Nintendo’s position.

Claims limited: The USPTO may permit a few claims, but require revisions so that the scope is less wide (e.g., more particularly characterized sub‑character conditions). That implies Nintendo's rights would be more limited.

Patent nullified: If the USPTO finds the claims are not patentable (e.g., self-evident in see of the earlier craftsmanship), the obvious may be cancelled. That would altogether hurt Nintendo’s declared rights beneath it.

Also conceivable: side technical/legal arrangements or settlement in the case meanwhile.

Key things to monitor

The correct dialect of the re‑examination arrange: what claims are beneath examination, what earlier craftsmanship is cited.

Nintendo’s reaction: will they contend solid oddity, or will they pre‑emptively acquiesce narrowing?

How this influences the case with Pocketpair/Pal world: Will the case slow down? Will parties look for stay?

Broader industry response: Will other game‑mechanic licenses confront comparable examination? Will designers challenge such licenses more often?

Timing: Re‑examinations can take numerous months. The sooner parties alter their technique, the better.

Broader Setting — Why Diversion Workman Licenses are Controversial

Game mechanics (e.g., summoning a partner) frequently advance continuously; making one obvious cover a wide workman utilized in numerous diversions raises questions of reasonableness and innovation‑stifling.

There is developing investigation of licenses that claim what numerous see as “obvious” or “commonplace” gameplay components — particularly when earlier diversions or mods displayed them.

The interaction between licenses, software/games, and earlier craftsmanship is dubious: more seasoned diversions or mods may check as earlier craftsmanship, but demonstrating it can be challenging.

Industry bunches and commentators regularly contend that licenses ought to not go so distant as to piece second‑movers actualizing broadly utilized mechanics.

Why Nintendo’s Position is Beneath Pressure

Nintendo’s claim prior obvious (Taura) is being utilized as portion of the prior‑art challenge, which implies Nintendo may be in the odd circumstance of undermining its claim obvious. 

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The wide scope of the ’397 obvious (covering a helper/sub‑character battling partner) may cruel numerous diversions are affected — backfire may thrust for stricter review.

In Japan, Nintendo had a related obvious application rejected for missing creative step (i.e., it was found as well self-evident). That point of reference may impact desires in the US. 

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Why This Things for Advancement, Designers & Publishers

For designers: If licenses claim wide mechanics, littler studios may confront hazard of encroachment claims, indeed when they accept they are actualizing “generic” diversion plan ideas.

For distributers: They may require to fence case chance, possibly permitting or maintaining a strategic distance from a few mechanics.

For the obvious framework: This case may serve as a flag that indeed allowed licenses can be re‑examined and challenged — making more vulnerability, but too more accountability.

For the diversions industry environment: The adjust between ensuring venture (through IP rights) and cultivating development (letting modern mechanics multiply) is sensitive — this case sits right at that adjust point.

My Appraisal & What’s At Stake

I accept this re‑examination arrange is a huge bargain for three fundamental reasons:

Symbolic: The USPTO venturing in on its possess appears a acknowledgment of issues in how certain licenses are being allowed (particularly in the software/game domain).

Substantive: If the ’397 obvious is limited or nullified, it will diminish Nintendo’s capacity to declare that specific technician broadly and may drive alteration in its case strategy.

Precedent‑setting: Other game‑mechanic licenses will likely be examined more intensely; littler engineers may feel encouraged to challenge what they see as over‑broad licenses.