Worried about Nintendo’s lawsuit over Palworld? One expert thinks the Mario maker doesn’t own any patents that are strong enough to stop Pocketpair from making it

Nintendo has initiated legal action against Pocketpair regarding Palworld, but there are doubts about the Mario maker’s chances of success.

Palworld has faced criticism for its Pokemon-like designs even before its release, which raises valid concerns. While some designs may be questionable, none appear to directly infringe on any copyright laws. Nintendo’s lawsuit against Pocketpair focuses on patents rather than the designs of Palworld’s creatures. It will take time for the outcome of the lawsuit to become clear, but Florian Mueller, a former Blizzard consultant and writer, has weighed in on the complex situation.

“It seems that the lawsuit is not about the creative rights related to the appearance of Palworld characters, as initially thought,” Mueller explains. “Patents pertain to *technical* inventions, excluding U.S. design patents. In Japan, design rights are not referred to as ‘patents,’ so the lawsuit likely involves software patents unrelated to Palworld’s aesthetics. These could be patents related to 3D image rendering, which can be used to create designs resembling Pokemon or Warcraft.”

“It is improbable that Nintendo possesses patents strong enough to prevent Pocketpair from developing Palworld. Such patents are usually circumventable by using alternative techniques to achieve similar results.”

Mueller suggests that smaller companies like Pocketpair typically lack patents for countersuing, but they could potentially acquire some. Additionally, Japanese patents only hold validity within Japan, meaning Pocketpair could still sell Palworld in other regions even if Nintendo wins the lawsuit (although Nintendo may escalate the situation). The legal process is expected to be lengthy, with Mueller predicting it to last around 5 years rather than being resolved quickly.

Until then, players can continue enjoying their Pokemon-with-guns game while the legal battle unfolds.