Nintendo Obtains Patent for "Summoning a Character to Battle Another Character" by the USPTO

In what is yet another attempt to take out Pocketpair, Nintendo appears to have acquired a patent on "summoning a character". Just 4 months ago, Palworld had to remove "Pal Spheres" and the ability to glide with your pals, and the battle between the two companies has not been letting up.

On September 2nd 2025, Nintendo was issued patent 12,403,397 by the United States Patent and Trademark Office. On September 9th, it was also issued patent 12,403,387, which despite the smaller number, came into effect later. The former covers the ability to "summon a character" for the purposes of battling a character, and the latter covers "smooth switching of riding objects", akin to the aforementioned Palworld lawsuit.

From this point, you can see what the problem is. Both of these patents cover extremely broad things, and were both granted with seemingly little resistance. Maybe we need to look at these patents a little bit more closely. At the end of the '397 patent, we read this:

Quote From United States Patent and Trademark Office - Patent #12,403,397 (Pages 43-45)

1. A non-transitory computer-readable storage medium having stored therein a game program, the game program causing a processor of an information processing apparatus to execute: performing control of moving a player character on a field in a virtual space, based on a movement operation input; performing control of causing a sub character to appear on the field, based on a first operation input, and when an enemy character is placed at a location where the sub character is caused to appear, controlling a battle between the sub character and the enemy character by a first mode in which the battle proceeds based on an operation input, and when the enemy character is not placed at the location where the sub character is caused to appear, starting automatic control of automatically moving the sub character that has appeared; and performing control of moving the sub character in a predetermined direction on the field, based on a second operation input, and, when the enemy character is placed at a location of a designation, con-trolling a battle between the sub character and the enemy character by a second mode in which the battle automatically proceeds.
2. The storage medium according to claim 1, wherein the game program further causes the processor to start the automatic control after the battle by the second mode ends.
3. The storage medium according to claim 2, wherein the game program further causes the processor to, if another enemy character is placed in a predetermined range including a position of the sub character when the battle between the sub character and the enemy character by the second mode ends, start a battle between the sub character and the other enemy character by the second mode.
4. The storage medium according to claim 3, wherein the automatic control includes movement control of causing the sub character to follow the player character.
5. The storage medium according to claim 1, wherein the game program further causes the processor to perform control of bringing the sub character into a state where the sub character has not appeared on the field, when a third operation input is performed in a state where the sub character has appeared.
6. The storage medium according to claim 1, wherein the game program further causes the processor to, when the player character comes into contact with the enemy character, control a battle between the sub character and the enemy character by the first mode regardless of whether or not the sub character has appeared on the field.
7. The storage medium according to claim 1, wherein the game program causes the processor to perform control of moving the sub character toward a predetermined position set in front of the player character, when the second operation input is performed.
8. The storage medium according to claim 7, wherein the game program causes the processor to perform control of causing the sub character to appear on the field and moving the sub character toward the predetermined position, when the second operation input is performed in a state where the sub character has not appeared on the field.
9. The storage medium according to claim 1, wherein the game program further causes the processor to: select one of enemy characters on the field, based on a fourth operation input; when the first operation input is performed in a state where the enemy character is selected, perform control of causing the sub character to appear at a location where the selected enemy character is placed, and control a battle between the sub character and the selected enemy character by the first mode; and when the second operation input is performed in a state where the enemy character is selected, perform control of moving the sub character toward the selected enemy character on the field, and control a battle between the sub character and the selected enemy character by the second mode.
10. The storage medium according to claim 1, wherein, in a battle by the first mode, a plurality of commands including at least an attack by the sub character on the enemy character and capture of the enemy character are designated based on an operation input, and motions of the player character and/or the sub character corresponding to the designated commands are executed.
11. The storage medium according to claim 10, wherein a battle by the first mode is started after display control of moving a viewpoint such that the sub character and the enemy character that perform the battle are included at least in a field of view, without switching a scene on the field, and movement of the player character is limited during the battle.
12. The storage medium according to claim 11, wherein a battle by the second mode is started without switching the scene on the field, and movement control of the player character based on the movement operation input is executed during the battle.
13. An information processing system comprising at least one information processing apparatus including a processor, at least any one processor of said at least one information processing apparatus: moving a player character on a field in a virtual space,  based on a movement operation input; causing a sub character to appear on the field, based on a first operation input, and when an enemy character is placed at a location where the sub character is caused to appear, controlling a battle between the sub character and the enemy character by a first mode in which the battle proceeds based on an operation input, and when the enemy character is not placed at the location where the sub character is caused to  appear, starting automatic control of automatically moving the sub character that has appeared; and moving the sub character in a predetermined direction on the field, based on a second operation input, and, when the enemy character is placed at a location of 40 a designation, controlling a battle between the sub character and the enemy character by a second mode in which the battle automatically proceeds.
14. The information processing system according to claim 13, wherein said at least any one processor starts the automatic control after the battle by the second mode ends.
15. The information processing system according to claim 14, wherein, if another enemy character is placed in a predetermined range including a position of the sub character when the battle between the sub character and the enemy character by the second mode ends, said at least any one processor starts a battle between the sub character and the other enemy character by the second mode.
16. The information processing system according to claim 15, wherein the automatic control includes movement control of causing the sub character to follow the player character.
17. The information processing system according to claim 13, wherein, when a third operation input is performed in a state where the sub character has appeared, said at least any one processor perform control of bringing the sub character into a state where the sub character has not appeared on the field.
18. The information processing system according to claim 13, wherein when the player character comes into contact with the enemy character, said at least any one processor controls a battle between the sub character and the enemy character by the first mode regardless of whether or not the sub character has appeared on the field.
19. The information processing system according to claim 13, wherein, when the second operation input is performed, said at least any one processor moves the sub character toward a predetermined position set in front of the player character.
20. The information processing system according to claim 19, wherein, when the second operation input is performed in a state where the sub character has not appeared on the field, said at least any one processor causes the sub character to appear on the field and moves the sub character toward the predetermined position.
21. The information processing system according to claim 13, wherein said at least any one processor: selects one of enemy characters on the field, based on a fourth operation input; when the first operation input is performed in a state where the enemy character is selected, causes the sub character to appear at a location where the selected enemy character is placed, and controls a battle between the sub character and the selected enemy character by the first mode; and when the second operation input is performed in a state where the enemy character is selected, moves the sub character toward the selected enemy character on the field, and controls a battle between the sub character and the selected enemy character by the second mode.
22. The information processing system according to claim 13, wherein, in a battle by the first mode, a plurality of commands including at least an attack by the sub character on the enemy character and capture of the enemy character are designated based on an operation input, and motions of the player character and/or the sub character corresponding to the designated commands are executed.
23. The information processing system according to claim 22, wherein a battle by the first mode is started after display control of moving a viewpoint such that the sub character and the enemy character that perform the battle are included at least in a field of view, without switching a scene on the field, and movement of the player character is limited during the battle.
24. The information processing system according to claim 23, wherein a battle by the second mode is started without switching the scene on the field, and movement control of the player character based on the movement operation input is executed during the battle.
25. An information processing apparatus comprising a processor, the processor: moving a player character on a field in a virtual space, based on a movement operation input; causing a sub character to appear on the field, based on a first operation input, and when an enemy character is placed at a location where the sub character is caused to appear, con-trolling a battle between the sub character and the enemy character by a first mode in which the battle proceeds based on an operation input, and when the enemy character is not placed at the location where the sub character is caused to appear, starting automatic control of automatically moving the sub character that has appeared; and moving the sub character in a predetermined direction on the field, based on a second operation input, and, when the enemy character is placed at a location of a designation, controlling a battle between the subcharacter and the enemy character by a second mode in which the battle automatically proceeds.
26. A game processing method executed by an information processing system, the information processing system: moving a player character on a field in a virtual space, based on a movement operation input; causing a sub character to appear on the field, based on a first operation input, and when an enemy character is placed at a location where the sub character is caused to appear, con-trolling a battle between the sub character and the enemy character by a first mode in which the battle proceeds based on an operation input, and when the enemy character is not placed at the location where the sub character is caused to appear, starting automatic control of automatically moving the sub character that has appeared; and moving the sub character in a predetermined direction on the field, based on a second operation input, and, when the enemy character is placed at a location of a designation, controlling a battle between the sub character and the enemy character by a second mode in which the battle automatically proceeds.

At the end of the '387 patent, we read this:

Quote From United States Patent and Trademark Office - Patent #12,409,387 (Pages 48-49)

1. A non-transitory computer-readable storage medium having stored therein a game program causing a computer of an information processing apparatus to provide execution comprising: controlling a player character in a virtual space based on a first operation input; in association with selecting, based on a selection opera-tion, a boarding character that the player character can board and providing a boarding instruction, causing the player character to board the boarding character, selected based on the selection operation, and bringing the player character into a state where the player character can move, wherein the boarding character is selected among a plurality of types of characters that the player character owns, and the player character is configured to capture a character based on interaction with the character in the virtual space, and the captured character becomes owned in association with the player character; while the player character is in the air and in association with providing a second operation input different from the boarding instruction, causing the player character to board an air boarding character and bringing the player character into a state where the player character can move in the air; and while the player character is aboard the air boarding character, moving the player character, aboard the air boarding character, in the air based on a third operation input.
2. The non-transitory computer-readable storage medium having stored therein the game program according to claim 1, wherein the boarding character further includes a ground boarding character configured to move on the ground, and/or a water boarding character configured to move on or in water.
3. The non-transitory computer-readable storage medium having stored therein the game program according to claim 1, wherein the game program further causes the computer to provide execution comprising: causing damage to the player character in association with the player character falling from a height exceeding a first reference, or falling from the air toward the ground at a speed exceeding a second reference.
4. The non-transitory computer-readable storage medium having stored therein the game program according to claim 1, wherein the game program further causes the computer to provide execution comprising: generating, for display, a first visual object representing the boarding character and/or the air boarding character; and generating, for display, a second visual object representing the boarding character and/or the air boarding character.
5. The non-transitory computer-readable storage medium of claim 4, wherein the first visual object is displayed in a miniature form compared to the second visual object.
6. The non-transitory computer-readable storage medium of claim 4, wherein display of the first visual object is changed in association with a further selection operation.
7. The non-transitory computer-readable storage medium having stored therein the game program according to claim 1, wherein the player character is configured to switch from moving in the air aboard the air boarding character to moving on at least a ground of the virtual space, aboard the boarding character.
8. The non-transitory computer-readable storage medium having stored therein the game program according to claim 1, wherein the player character is configured to stop falling in the air while the player character is aboard the air boarding character.
9. The non-transitory computer-readable storage medium having stored therein the game program according to claim 1, wherein the player character is configured to battle the character or catch the character in the virtual space, and the caught character becomes owned in association with the player character.
10. The non-transitory computer-readable storage medium having stored therein the game program according to claim 1, further comprising displaying a selection image associated with the boarding character selected based on the selection operation.
11. The non-transitory computer-readable storage medium having stored therein the game program according to claim 10, wherein the player character is caused to board the air boarding character even when the displayed selection image is associated with the boarding character different from the air boarding character.
12. The non-transitory computer-readable storage medium having stored therein the game program according to claim 10, further comprising displaying a display object indicating the air boarding object, wherein the display object is different from the selection image.
13. An information processing apparatus, comprising: processing circuitry including at least one processor, and a display, wherein the processing circuitry is configured to: control a player character in a virtual space based on a first operation input; in association with selecting, based on a selection operation, a boarding character that the player character can board and providing a boarding instruction, cause the player character to board the boarding character, selected based on the selection operation, and bring the player character into a state where the player character can move, wherein the boarding character is selected among a plurality of types of characters that the player character owns, and the player character is configured to capture a character based on interaction with the character in the virtual space, and the captured character becomes owned in association with the player character, in association with providing a second operation input while the player character is in the air, cause the player character to board an air boarding character and bringing the player character into a state where the player character can move in the air; and while the player character is aboard the air boarding character, move the player character, aboard the air boarding character, in the air based on a third operation input.
14. A system, comprising: a processor; and a memory configured to store computer readable instructions that, when executed by the processor, cause the system to: control a player character in a virtual space based on a first operation input; in association with selecting, based on a selection operation, a boarding character boardable by the player character, and in association with providing a boarding instruction, cause the player character to board the boarding character, selected based on the selection operation, and enter a state in which the player character is movable, wherein the boarding character is selected among a plurality of types of characters associated with the player character, and the player character is configured to capture a character based on interaction with the character in the virtual space, and the captured character becomes associated with the player character; in association with providing a second operation input while the player character is in the air, cause the player character to board an air boarding character and enter a state in which the player character is movable in the air; and while the player character is aboard the air boarding character, move the player character in the air based on a third operation input.
15. The system of claim 14, wherein the player character boarding the boarding character includes the player character entering a state where the player character moves integrally with the boarding character.
16. The system of claim 14, wherein the player character boarding the boarding character includes a state where the player character rides the boarding character.
17. The system of claim 14, wherein the player character boarding the boarding character includes a state where the player character dangles from the boarding character.
18. The system of claim 14, wherein the player character boarding the boarding character includes a state where the player character holds on to the boarding character.
19. The system of claim 14, wherein the boarding character is selected among the plurality of types of characters Obtained by the player character.
20. The system of claim 14, wherein damage to the player Character is caused in association with the player character falling from a height exceeding a first reference, or falling from the air toward the ground at a speed exceeding a second reference.
21. A method for moving a player character implemented using an information processing system having at least one processor, the method comprising: controlling a player character in a virtual space based on a first operation input; in association with selecting, based on a selection operation, a first character boardable by the player character, and in association with inputting a boarding instruction, causing the player character to board the first character, selected based on the selection operation, and entering a state in which the player character is movable, wherein the player character is configured to capture the first character based on interaction with the first character in the virtual space, and the captured first character becomes obtained by the player character; in association with providing a second operation input while the player character is in the air, causing the player character to board a second character and entering a state in which the player character is movable in the air, and moving the player character in the air, while the player character is aboard the second character, based on a third operation input.
22. The method of claim 21, wherein the first character includes a boarding character and the second character includes an air boarding character.
23. The method of claim 21, wherein the first character is selected among a plurality of types of characters obtained by the player character.

With a total of 49 patent points across both patents, it feels like it'll be very difficult to run into a problem with the patents by accident, but should the patent avoid being nullified by court (which is unlikely, but merely the fact that the patent passed in the first place proves that it is possible), there a huge number of ramifications to consider. Pokemon is far from the only, or even the first, franchise to focus on collecting monsters and using them to battle. "Summoning a character" is an extremely broad thing to patent. Depending on how loosely you define it, there could be millions of games that using "summoning a character" as a gameplay mechanic. You do need to break a series of these patent points before Nintendo would be able to issue a lawsuit on you, but it still feels a bit ridiculous that Nintendo is allowed to patent something as loosely definable as this.

Even if the patents themselves do little damage to the gaming industry right now, this sets up an unhealthy precedence for other gaming companies to do the same thing. It may not be long before gaming companies to have a degree in lawyering skills to be able to survive. At the risk of sounding overdramatic, there a lot of questions to ask about the fate of the gaming industry as we know it as a result of these patents. I'm afraid none of us here are quite sure what's going to come of this, but there's no possible way it can be anything good.

What do you think about these patents? Feel free to voice your opinions in the comments below.