Nintendo's Pokemon battling claim is too "obvious" to stand, US patent office says as it revokes the application, but the door's open for the publisher to fight back
By Dustin Bailey
Published on April 1, 2026.
The US Patent and Trademark Office (USPTO) has revoked a patent on summoning creatures to battle, stating that the patent is too obvious to stand. This decision leaves Nintendo with two months to respond and may even request an extension. The patent was granted to Nintendo and The Pokemon Company in 2025 and proved controversial, with even The Company's former chief legal officer suspecting it would be unenforceable. Prior art examples cited did not include examination into real-world games. If any one of these 26 patent claims survives, Nintendo could sue someone for infringement.
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