Nintendo’s efforts to secure a patent for their Pokémon project have witnessed a massive setback after the patent examiner deemed their mechanics to be extremely similar to those of a fan-made game released as early as 2013. While the fan-made game may be far from Nintendo’s, the overlap in the mechanics has ruled out the possibility of a patent.
Reports suggest that the patent examiner found that the gameplay concepts or mechanics that are in Nintendo’s game have already been used in a fan-made game released long ago, and under patent law, it should serve as a roadblock to Nintendo’s patenting of the mechanics for their project.
A setback of this magnitude for a company like Nintendo speaks to how such a ruling might have broader implications for the future of video game patents, as judgments on creative projects might not always see the underlying technology over visible mechanics. While such setbacks are anything but uncommon, it is hard to see how Nintendo will manage to get around without making significant changes.
Nintendo is known for being aggressive with the Pokémon franchise, and it’s not far-fetched to say they might go all out to buy out this patent or take the legal route, as they have against numerous fan projects over the years. However, this case should serve as a classic example of how fan-made content can serve as major roadblocks for development timelines.
Innovation can come from anywhere, and with millions of passionate gamers around, both professional and fan-made projects serve their own purpose in the community. Killing fan-made projects suppresses freedom. On the other hand, a plethora of patents might stop major organizations with resources from developing a game on a large scale.
