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USPTO Issues Non-Final Rejection of Nintendo’s ‘Summon-and-Fight’ Patent

The ruling points to prior art hurdles that can block broad gameplay patents.

Overview

  • The USPTO rejected all 26 claims in Nintendo’s gameplay patent in a non-final office action following a director-ordered re-examination.
  • Director John A. Squires ordered the review in late 2025, the first personal re-exam since 2012, after finding substantial new questions of patentability.
  • Examiners cited prior patents from Konami (Yabe, 2002), Nintendo (Taura, 2020; Motokura, 2022), and Bandai Namco (Shimomoto, 2020) that, in combination, cover the claimed summoning mechanic.
  • The office said combining Taura with Yabe or Motokura invalidates 18 claims, with Shimomoto supplying the missing elements for the remaining eight.
  • Nintendo can respond within two months or seek an extension and could appeal, as developers watch for how the case shapes future attempts to patent common game systems.