What once seemed like an inevitable victory is now shrouded in uncertainty—and may even turn into an unexpected loss. The lawsuit from Nintendo and The Pokémon Company against Pocketpair, the developers of Palworld, just took a major turn.
A recent patent filing revealed a last-minute change that, according to legal experts, suggests a desperate move from the Kyoto-based company.
Nintendo Alters Key Patent In Ongoing Battle Against Palworld
According to a report by GamesFray, Nintendo made a sudden adjustment to one of the patents central to its lawsuit against Pocketpair. The company submitted a request to the Japan Patent Office (JPO) to revise the language—not in technical terms, but by adding a conditional phrase: “and even when…”
The patent in question covers the gradual switching of characters between rideable flying objects. With this subtle addition, Nintendo appears to be reinforcing its claim by emphasizing priority over filing date, a valid legal strategy in patent litigation.
Specialists point out that while conditional phrases like “and/when” are common in reasserted patents, “and even when” is highly unusual. Florian Mueller, editor and founder of GamesFray, commented:
“I’ve followed patent litigation for 15 years (mostly as a consultant), and I’ve seen a lot of amended claims, but I’ve never seen ‘even when’ or ‘even if’ in a patent claim. It’s weird.”
Could Pocketpair and Palworld Beat Nintendo?
Following the lawsuit, Pocketpair quietly adjusted some gameplay mechanics in Palworld, which many interpret as a smart move—one that avoided a direct clash and has now cornered Nintendo and The Pokémon Company.
Legal experts describe Nintendo’s sudden wording change as “bizarre and twisted,” signaling what may be a last-ditch effort to avoid having its claims thrown out entirely. Some even call it a “Hail Mary”—a final, risky move hoping for a miracle.
The chances of success outside of Japan, including in the U.S., seem slim. With weak legal grounds beyond its home turf, Nintendo’s legal fight may not end the way it hoped.
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