When Nintendo filed a lawsuit against Pocketpair over Palworld, it looked like a familiar case of the gaming giant protecting its turf.
But as the months have gone by, that confident front has started to crack—and now, Nintendo is pulling one of the riskiest legal plays possible: rewriting one of its core patents in the middle of an ongoing court battle.
That decision, described by legal experts as a desperate “Hail Mary,” could be the very thing that derails the company’s entire case.
What Is The Nintendo Patent About?
The patent in question is tied to how players can smoothly switch between different creatures or mounts during gameplay.
click to enlarge
+ 5Nintendo says Palworld’s feature, which allows characters to change riders mid-air, breaks its patented design.
But Nintendo chose not to let the court rule on the original patent wording and submitted an updated version to Japan’s Patent Office.
The updated text contains vague expressions such as “even when” or “even if,” which experts in patent law say are hardly ever found in patent filings.
Why Is the Patent Revision Being Criticized?
According to Florian Mueller, a longtime intellectual property expert and former consultant for Blizzard, the updated language doesn’t clarify anything.
click to enlarge+ 5If anything, it makes the patent sound overly complicated and oddly phrased. In patent law, vague wording like “even when” is frowned upon because it introduces subjectivity.
The language here lacks the clear and enforceable framework courts generally expect, which could weaken Nintendo’s case.
In fact, Mueller said the move was “extremely contorted” and appeared more like a smokescreen meant to confuse the court than a valid legal point.
Is Nintendo’s Case Falling Apart?
Nintendo changing the patent during the lawsuit shows they are worried their original claim might not hold up.
click to enlarge+ 5This is why Mueller and others have dubbed it a “Hail Mary.”
It’s a last-ditch effort that could just as easily hurt Nintendo’s credibility as help its case.
And while Nintendo tries to reinforce its argument, Pocketpair has already been chipping away at it.
They made key changes to Palworld by removing some animations, changing mechanics, and reducing features like gliding and the Pal Sphere throwing system because critics said it was too similar to Pokémon.
On top of that, Pocketpair has presented evidence showing that similar mechanics appeared in other games long before Nintendo filed its patents.
The company points to games like Titanfall 2, Rune Factory, and modded Minecraft to show these ideas are not new.
Does Nintendo’s Patent Come Too Late?
Worse for Nintendo, Pocketpair demonstrated switching mounts mid-air months before Nintendo’s patent submission.
click to enlarge+ 5That alone could undermine Nintendo’s claim entirely. If the court finds the feature existed publicly before Nintendo patented it, the company’s legal foundation could collapse.
Adding to the challenge, Nintendo hasn’t had much luck outside Japan. So far, it hasn’t been able to file a successful lawsuit in the U.S., despite trying to strengthen its case by securing related patents there too.
However, as Palworld continues to evolve with updates and remove any legally questionable content, Nintendo’s chances of winning grow thinner.
Each time Pocketpair changes the game, it moves away from the claims, so lawsuits become less likely.
Is This ‘Hail Mary’ Going to Sink Nintendo’s Case?
At first sight, it looked like a straightforward case with Nintendo accusing a game of being too close to theirs.
click to enlarge+ 5But now, the tables may be turning. The patent edits Nintendo made to include “even when” may backfire by exposing weaknesses in its legal case.
It signals hesitation, not certainty, giving Pocketpair more room to defend itself.
For Nintendo, known for strongly guarding its IP, this case might be the point where their tough legal approach went too far.
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