Nintendo, the parent company of The Pokémon Company, has secured a patent covering a system that allows in-game characters to summon others for automated battles. The news sent shockwaves through the gaming community, some criticizing the move as another example of a major studio overshadowing smaller indie developers, while others worried about what it might mean for existing franchises like Final Fantasy and Dragon Quest that use similar systems
(Image by THE GAMER)
What is the Summoning Patent?
On September 2, 2025, the United States Patent and Trademark Office (USPTO) granted Nintendo patent number 12,403,397. Originally filed on March 1, 2023, the patent details various information-processing systems and outlines how players interact with non-playable characters (NPCs) to trigger specific in-game actions. In short, Nintendo has officially secured the rights to its auto-battling system.
A General Misconception
When news of the patent broke, it surprised the gaming community that Nintendo had secured what seemed to be a broad method. In reality, the filing sets out specific hardware and software requirements and a defined sequence of operations for the auto-battling system. While the full scope isn’t clear without a detailed review, it appears to describe technical parameters governing how a player-controlled character and a secondary, automated character interact during gameplay where certain actions may trigger a switch between player-controlled and automated battle modes based on in-game conditions.
You can find the issued patent with in-depth diagrams and descriptions here on the USPTO website.
Gaming Industry Impact
It’s still too soon to gauge the full impact of Nintendo’s newly published patent, as the patent process and any resulting litigation can take a while to play out. What we do know is that patents grant inventors exclusive rights to protect their creations and prevent others from making, using, or selling them.
In this case, Nintendo aims to secure protection for an auto-battling system introduced in Pokémon: Scarlet & Violet back in late 2022. Since then, the company has found itself in legal disputes with Japanese developer Pocketpair, the studio behind Palworld, a multiplayer survival game that drew attention for its monster-taming mechanics when it launched in 2024.
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Some have speculated that Nintendo’s patent filing was a direct response to Palworld’s 2021 reveal, but that’s hard to prove. In most cases, companies should move to file patent applications when developing new concepts or technology, not necessarily as a reaction to competition.
(Image by THE GAMER)
However, fans are worried that the summoning patent threatens the creativity and innovation for existing and future game developers. Many games such as the Final Fantasy series and Dragonquest have been using autobattling systems for decades and fans are worried these could be gatekept or stripped away.
After speaking with Liz Gray, one of our patent attorneys at Madan Law PLLC, she explained that prior use defenses exist and can help protect existing works, making it possible for them to protect themselves in the event Nintendo tries to threaten them. She also noted that the filing isn’t broad enough to cover every form of summoning or auto-battling in video games, rather, it serves as a precautionary measure to safeguard Nintendo’s games moving forward.
How to Protect Your Digital IP
When it comes to protecting your intellectual property, timing matters. The earlier you file, the sooner your application enters the USPTO’s lengthy review queue; one that sees hundreds of thousands of submissions each year. On average, it can take anywhere from 18 to 24 months before the first office action is issued for patent applications. Starting early is the strategic way to ensure your valuable inventions are safe and secure.
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