The U.S. Patent and Trademark Office (USPTO) has ordered a reexamination of Nintendo-related U.S. Patent No. 12,403,397 B2, so the headline’s “may probe” is now out of date. The order does not itself cancel the patent: an April 2026 report describes a non-final rejection, not a final decision. The review is also separate from Nintendo and The Pokémon Company’s patent lawsuit against Palworld developer Pocketpair in Japan.
What the USPTO ordered—and when
On November 3, 2025, the USPTO Director ordered reexamination of U.S. Patent No. 12,403,397 B2, which the agency describes as relating to video game technology. The USPTO stated: “On November 3, 2025, the Director ordered reexamination of U.S. Patent No. 12,403,397 B2, which relates to video game technology.” The agency corrected its alert the following day because the original notice gave the wrong patent number.
The USPTO Official Gazette identifies the review as director-ordered reexamination No. 90/020,162. The Gazette entry is useful for distinguishing the proceeding from the separate court case in Japan.
Has the patent been revoked?
Not on the basis of the cited reporting. A PC Gamer report dated April 1, 2026, describes a non-final action rejecting the patent claims. A non-final action is a step in the examination process, not a final determination that the patent has been revoked. Read the report as a procedural update, not proof of the proceeding’s final outcome.
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The latest status and disposition as of October 8, 2026, are not established by these materials. The official record to check is the USPTO Patent File Wrapper/Open Data Portal for proceeding 90/020,162. Until a final action is confirmed there, it would be inaccurate to say the patent has been finally invalidated or revoked.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.How this differs from the Palworld lawsuit
Nintendo and The Pokémon Company announced a patent-infringement lawsuit against Pocketpair in Tokyo. Their announcement says they sought an injunction and damages over alleged infringement by Palworld. The companies’ announcement describes the Japanese court case, not the USPTO’s U.S. patent review.
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| Issue | USPTO reexamination | Japanese lawsuit |
|---|---|---|
| Where | United States | Tokyo, Japan |
| Process | Patent-office review of U.S. Patent No. 12,403,397 B2, proceeding 90/020,162 | Patent-infringement litigation brought against Pocketpair |
| What the cited material establishes | A Director-ordered reexamination and reporting of a non-final rejection | The companies say they sought an injunction and damages |
The proceedings concern different jurisdictions and legal processes. The USPTO’s action does not itself decide the Japanese lawsuit, and the lawsuit does not determine the outcome of the U.S. reexamination. The European Commission IP Helpdesk also discusses how U.S. patent filings can have potential international relevance, but that background does not make the two proceedings the same case. Its July 24, 2025 overview provides that broader context.
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What readers should take away
- The USPTO ordered review of U.S. Patent No. 12,403,397 B2 on November 3, 2025; its correction fixed the patent number stated in the original alert.
- The April 2026 report of a non-final rejection does not establish final revocation.
- The USPTO proceeding and the Palworld infringement lawsuit in Japan are separate legal matters.
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