USPTO Director John A. Squires has ordered an ex parte reexamination of Nintendo's U.S. Patent No. 12,403,397, issued in 2010, which covers mechanics for summoning a "subcharacter" to battle in manual or automatic modes.
Announced on November 3, 2025, this self-initiated review targets the patent's independent claims (1, 13, 25, and 26), potentially invalidating the entire patent if prior art prevails.
The decision follows intense scrutiny of Nintendo's enforcement actions, including lawsuits against titles like Palworld, amid concerns that the patent overreaches into basic game design elements.
Should the patent fall, it could halt related litigation and signal stricter USPTO oversight on abstract game patents, fostering innovation for independent developers while challenging Nintendo's IP strategy.
Nintendo has two months to respond; outcomes may emerge in early 2026.