Nintendo`s legal dispute with Pocketpair, the creators of Palworld, is intensifying. The Japanese gaming giant argues in its ongoing lawsuit that user-created game modifications (mods) should not be recognized as `prior art` in patent law.
Pocketpair had previously contended that existing mods, such as the `Pocket Souls` mod which integrated Pokémon characters into Dark Souls 3, could invalidate Nintendo`s patents. However, Nintendo`s recent argument, reported on September 16, is that because mods inherently require the original games to function, anything developed by users through such modifications cannot be classified as `prior art.`
Essentially, Nintendo`s concern is that if mods are considered `prior art,` their own intellectual property and gameplay innovations could potentially be copied and patented by other entities. This situation is particularly alarming for the video game industry, as reported on September 19, because it could theoretically enable developers to create entire new games by simply building upon existing modifications.
Critics, however, suggest that Nintendo`s claims of `novelty` for its `ideas` and `innovations` might be exaggerated. The Pokémon franchise has been established for many decades, and some of the concepts Nintendo filed patents for in 2021 were not universally considered new at that time.
For its part, Pocketpair maintains that Palworld and Pokémon are fundamentally different. While both games feature the capture of monsters in spherical devices and share a similar sound in their names, Palworld is an open-world action-adventure game, whereas traditional Pokémon titles are primarily turn-based. This core distinction, coupled with the assertion that Palworld is not simply a modified version of a Pokémon game, is why Pocketpair expresses confusion regarding the lawsuit.
Palworld is currently available on PC, PlayStation 5, Xbox One, and Xbox Series X|S.
Meanwhile, Nintendo is preparing for the release of its upcoming Pokémon games: Legends: Z-A, a continuation of the Pokémon Legends series set to launch on October 16, and Pokopia, a life simulation game reminiscent of Animal Crossing, expected next year. Both new titles will be available on the Nintendo Switch (original model) and the forthcoming Nintendo Switch 2.