Nintendo’s U.S. Patent 12,403,397 was granted on September 2, 2025, after its application reportedly cleared examination without an objection. A possible explanation is that the examiner did not fully account for earlier video-game mechanics—but that is an expert’s hypothesis, not an official account. The patent later faced a USPTO-ordered reexamination, and by April 2026 an examiner had issued a nonfinal decision rejecting all 26 claims. That did not, by itself, cancel the patent.
What does Nintendo’s patent actually claim?
U.S. Patent 12,403,397 is often reduced to a “summoning” patent, but its first claim describes a more particular sequence of gameplay elements. GamesFray’s reproduction of the claim describes a game with a movable player character and a summoned sub-character. What happens next depends on whether an enemy is present where the sub-character appears: one battle mode applies when an enemy is there, while the sub-character moves automatically if none is present. A second player input can direct it toward another location, where a second automatic battle can occur. GamesFray’s account and claim reproduction provide the wording summarized here.
That distinction matters. The claim is not simply an assertion of ownership over every game featuring summoned creatures, companions, or battles. Patent infringement depends on the claim’s elements and the accused implementation; the shorthand label alone does not establish that a particular game infringes.
How did the patent get through its original examination?
According to GamesFray, Nintendo filed the application in March 2023, an examiner allowed it on July 8, 2025, and the patent issued on September 2, 2025. GamesFray reports that the examiner had raised no concern before allowance. The complete original prosecution file was not available in the reporting used here, so that account should not be mistaken for a full reconstruction of what the examiner reviewed or why.
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Patent and gaming litigation analyst Florian Mueller offered one explanation to Windows Central: the examiner may not have fully considered the scope of video-game prior art, or may not have recognized how common summoning mechanics already were. That is Mueller’s interpretation, not an admission by the examiner or an official USPTO finding about the original review. Windows Central’s September 12, 2025 report quotes his view.
What changed after the patent was granted?
The USPTO Director ordered an ex parte reexamination on the Director’s own initiative. In that process, an examiner revisits patent claims in light of prior art—such as earlier patents or printed publications. The USPTO explains the reexamination process and its prior-art basis on its reexamination information page.
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- 6.2” LCD screen
- Three play modes: TV, tabletop, and handheld
- Local co-op, online, and local wireless multiplayer
- Detachable Joy-Con controllers
- Nintendo Switch is the home of Mario & friends
PC Gamer reported on April 1, 2026 that the examiner issued a nonfinal decision rejecting all 26 claims, relying primarily on four earlier game-related patent applications, including applications associated with Konami, Bandai Namco, and Nintendo. A nonfinal rejection is a step in the proceeding, not a final ruling that the patent has been revoked; Nintendo could argue against it. PC Gamer’s report describes that decision and its nonfinal status.
Is the patent now cancelled?
The available reporting does not establish that. The latest status established here is the April 2026 nonfinal rejection; it does not show whether Nintendo responded or what happened afterward. The USPTO says a reexamination certificate is issued when the proceeding terminates and records the resulting status of the claims. No final certificate or later official file action was located in the sources for this account. The patent therefore should not be described as finally revoked on the basis of the examiner’s nonfinal decision alone. See the USPTO’s Manual of Patent Examining Procedure section on reexamination certificates.
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- This model includes battery life of approximately 4.5 - 9 hours.
- The battery life will depend on the games you play. For instance, the battery will last approximately 5.5 hours for The Legend of Zelda: Breath of the Wild (games sold separately)
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Does the separate Japanese decision affect this U.S. patent?
No. A Japanese touchscreen monster-capture application, application 2026-019762, was refused in July 2026. The European Commission’s IP Helpdesk says that refusal concerns the separate Japanese application; it neither invalidates U.S. Patent 12,403,397 nor determines whether Palworld infringes other patents. The Japanese application and the U.S. reexamination are distinct proceedings. The European Commission IP Helpdesk’s August 7, 2026 explanation sets out that distinction.
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- One player can use a Joy-Con in each hand
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- 6.2” LCD screen.
- Three play modes: TV, tabletop, and handheld
- Local co-op, online, and local wireless multiplayer
- Detachable Joy-Con controllers
Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon at the time of purchase will apply.
