Author: Thom Holwerda
Source
Nintendo, together with The Pokémon Company, filed a patent infringement lawsuit in the Tokyo District Court against Pocketpair, Inc. on September 18, 2024. This lawsuit seeks an injunction against infringement and compensation for damages on the grounds that Palworld, a game developed and released by the Defendant, infringes multiple patent rights. ↫ Nintendo press release Since the release of Palworld, which bears a striking resemblance to the Pokémon franchise, everybody’s been kind of expecting a reaction from both Nintendo and The Pokémon Company, and here it is. What’s odd is that it’s not a trademark, trade dress, or copyright lawsuit, but a patent one, which is not what you’d expect when looking at how similar the Palworld creatures look to Pokémon, to the point where some people even suggest the 3D models were simply lifted wholesale from the latest Nintendo Switch Pokémon games. There’s no mention of which patents Pocketpair supposedly infringes upon, and in a statement, the company claims it, too, has no idea which patents are supposedly in play. I have to admit I never even stopped to think game patents were a thing at all, but now that I spent more than 2 seconds pondering this concept, of course they exist. This lawsuit will be quite interesting to follow, because the games industry is one of the few technology sectors out there where copying each others ideas, concepts, mechanics, and styles is not only normal, it’s entirely expected and encouraged. New ideas spread through the games industry like wildfires, and if some new mechanic is a hit with players, it’ll be integrated into other games within a few months, and games coming out a year later are expected to have the hit new mechanics from last year. It’s a great example of how beneficial it is to have ideas freely spread, and how awesome it is to see great games take existing mechanics and apply interesting twists, or use them in entirely different genres than where they originated from. Demon’s Souls and the Dark Souls series are a great example of a series of games that not only established a whole new genre other games quickly capitalised on, but also introduced the gaming world to a whole slew of new and unique mechanics that are now being applied in all kinds of new and interesting ways. Lawsuits like this one definitely pose a threat to this, so I hope that either this fails spectacularly in court, or that the patents in question are so weirdly specific as to be utterly without merit in going after any other game.
