Nintendo could be looking to take the Palworld lawsuit overseas, but 1 attorney suggests it may be harder to win in the US than in Japan
Sep. 30, 2024It’s not clear at this point if it’ll win the case in Japan, either
When you purchase through links on our site, we may earn an affiliate commission.Here’s how it works.
Nintendo andThe Pokemon Companycould be looking to suePalworlddeveloper Pocketpair outside of Japan, but doing so might not be easy, one attorney has suggested.
Automaton points out that two of these, which seem to describe Pokemon Legends: Arceus-style gameplay mechanics – like throwing one of your own Pokemon at a wild one to start a battle, and one related to riding mount Pokemon – were filed this year, and have also been filed for a faster, ‘Track One’ examination. They’re still pending, though, and just because they’ll be reviewed faster doesn’t mean that they’ll actually be approved, with themount-based onereportedly being notified of Non-Final Rejection. As the name suggests, that rejection is, well,not final, but one of the sections of US patent law that’s apparently influenced the decision so far is one that questions whether something is actually patentable in the first place.
Interestingly, it sounds like this could influence whether or not a US-based lawsuit is successful—if one is filed, that is. Kurihara reportedly claims that in the US, software inventions are likely to be classified as ‘abstract ideas,’ which are considered ineligible for patent. This is quite different in Japan, where rejection for being an ‘abstract idea’ is apparently rare when it comes to software inventions.
For now, it’s all a waiting game, anyway. As far as the ongoing lawsuit in Japan goes, analyst Serkan Toto previously told us that he thinks it’s unlikely Nintendo would have filed it at all unless it was confident it would win, and"looking at the track record, it’s highly likely that they win.“However, it’s not clear how long this could even go on for – another IP expert previously suggested that it’s"more likely to last five years than to be settled during the first year,“so we could be in for a long ride.
Palworld developer responds to Nintendo lawsuit, says “we will do our utmost” to ensure that indie devs “are not hindered or discouraged from pursuing their creative ideas.”
Sign up to the GamesRadar+ Newsletter
Weekly digests, tales from the communities you love, and more
I’m one of GamesRadar+’s news writers, who works alongside the rest of the news team to deliver cool gaming stories that we love. After spending more hours than I can count filling The University of Sheffield’s student newspaper with Pokemon and indie game content, and picking up a degree in Journalism Studies, I started my career at GAMINGbible where I worked as a journalist for over a year and a half. I then became TechRadar Gaming’s news writer, where I sourced stories and wrote about all sorts of intriguing topics. In my spare time, you’re sure to find me on my Nintendo Switch or PS5 playing through story-driven RPGs like Xenoblade Chronicles and Persona 5 Royal, nuzlocking old Pokemon games, or going for a Victory Royale in Fortnite.
Five years later, PUBG creator PlayerUnknown finally reveals his massive open-world survival game projects, aiming for “realistic worlds thousands of kilometers wide” across three games
Horizon Zero Dawn-style open-world survival game previously blasted as “shameless” seemingly gets a thumbs up from Sony as it confirms a PS5 release
Todd Howard “rolled his eyes” at the idea of Troy Baker playing Indiana Jones in the Great Circle, but the Bethesda boss later told him “you’re doing a hell of a job”
