Key Takeaways
- A patent expert has highlighted an unexpected potential source in Palworld’s legal battle with Pokemon.
- A Pokemon Go-inspired GTA 5 mod could help Pocketpair in its legal battle with Nintendo and The Pokemon Company.
- The mod had players throwing balls to catch creatures five years before Pokemon patented the mechanic.
Most of us expected Nintendo and The Pokemon Company to come after Palworld the moment we saw the first trailer for Pocketpair’s newest game. It took a while, but the imminent legal battle over Palworld and some of its more Pokemon-like mechanics is now underway. However, this might not be as straightforward a victory as Nintendo is expecting thanks, in part, to an eight-year-old GTA 5 mod.
Pocketpair revealed some of the finer details about the lawsuit filed against it earlier this month, confirming one of the patents it was accused of infringing upon is the act of throwing a ball to capture creatures in a video game. Pokemon is naturally pretty well known for that, and while it might claim it wasn’t copying the long-running series, it would be hard for Pocket Pair to deny that its Pal Spheres weren’t inspired by PokeBalls.
Related
Nintendo Lawsuit Will “End Bad For Pocketpair”, Says Analyst
The analyst suggests that it’s “Highly likely” that Nintendo and The Pokemon Company will win.
That doesn’t mean the studio will necessarily fall foul of The Pokemon Company’s lawsuit for using the mechanic though, at least not according to Japanese patent attorney Ryo Arashida. Arashida explained to Nikkei Business (thanks, Automaton) that a game that allowed players to throw balls to catch creatures back in 2016 could be the precedent Pocketpair is looking for, and the game in question is GTA 5.
Palworld Could Look To A Very Unexpected Game In Its Defense Against Pokemon
GTA 5 With The Potential Run-In
No, there are no PokeBall-based mechanics in GTA 5. However, a fan-made mod created for the game shortly after the release of Pokemon Go in 2016 effectively combined the Rockstar hit with Niantic’s mobile behemoth. Arashida doesn’t mention the mod by name, but it seems very likely it’s the one they’re referencing.
Even though trainers have been throwing balls in Pokemon games since the late 1990s, the patent it’s using in an attempt to thwart Pocketpair wasn’t filed until December 2021, more than five years after the Pokemon Go-inspired GTA 5 mod. According to Arashida, there’s a chance that if Pocketpair were to present the example in its defense against Nintendo and The Pokemon Company, it could be considered precedent and therefore at least one of the patents Palworld is accused of infringing on would be thrown out.
A potential GTA-based defense has made the details of this already pretty murky case even more convoluted. The three patents Pokemon is using against Pocketpair were technically filed after Palworld was released. However, the patent process in Japan allows companies to file divisional patents under larger, existing patents which is what is happening here. It’s also likely why this case is restricted to Japan for the time being as bringing the same lawsuit against Pocketpair in the US and other countries will be far more difficult.
-
Palworld has been described as Pokemon with guns and well, it’s hard to argue with that. The game is very similar in nature to the Pokemon formula, tasking you with catching and working with monsters called Pals. There are key differences, though. Palworld is rooted in multiplayer, oh, and, unlike Pokemon, its Pals have guns.
- Released
-
January 19, 2024
-
One of the biggest-selling games in history, Grand Theft Auto 5 takes you to open-world San Andreas. Assume the role of three characters, Trevor, Franklin, and Michael, as they take different paths in their criminal lives. The streets of Los Santos await in GTA 5.
- Released
-
September 17, 2013
