USPTO Reopens and Rejects Nintendo Battle-Mode Patent in Non-Final Ruling

Why It Matters

r/Games highlighted an April 1, 2026 games fray report saying a U.S. patent examiner has issued a non-final rejection of Nintendo's patent covering a system in which a summoned subcharacter can fight in one of two modes. That matters because the patent has become part of a wider argument over how far publishers should be able to claim ownership over familiar companion-battle mechanics.

This is not a final revocation and it does not decide Nintendo's separate dispute with Pocketpair in Japan. But it does mean Nintendo's U.S. patent position is now being tested in formal reexamination rather than only in public commentary.

The Office action rejects all 26 claims in U.S. Patent No. 12,403,397.

The ruling is explicitly non-final, so Nintendo still has room to respond.

The examiner relied on combinations of prior art from Nintendo, Konami, and Bandai Namco filings.

Nintendo has two months to answer, and that period can be extended.

What the Reexamination Says

According to games fray, the review followed a Director-ordered ex parte reexamination and was handled by the USPTO's Central Reexamination Unit. The examiner's position is that the granted patent does not clear the obviousness bar once earlier published applications are read together.

The important nuance is that the examiner is not saying one old document already contained every claimed idea. Instead, the reasoning is that the patent can be reconstructed from known elements spread across multiple earlier filings. Two of those references came from Nintendo itself, while the others came from Konami and Bandai Namco.

What Happens Next

Nintendo can now respond with technical and legal arguments aimed at preserving some or all of the claims. The next decision will take that response into account, so the process is still very much alive even after a full non-final rejection.

Still, the immediate signal is clear. A Director-ordered reexamination has already moved from theory to a document that rejects the patent across the board. That does not settle the Pocketpair fight, but it does raise the pressure on Nintendo to explain how much novelty remains in this particular U.S. patent as the broader debate around Pokémon-like battle systems continues.