Lucy Hanson
Nintendo Co. Ltd., Japanese owner of colossal video game franchise Pokémon, filed suit in 2024 against independent developer Pocketpair, Inc. for alleged patent infringement of Pokémon game mechanics. In doing so, Nintendo once again drew attention to the thirty-year controversy regarding the patentability of video games. Although developers continue to assert their right to benefit from their own software innovations, critics attack game mechanic patents for stifling gaming innovation because of their broadness. The international nature of game development means both American and Japanese patent laws contribute to molding this contentious environment for software patents. This Article discusses the Nintendo suit in the context of the current global landscape for software and gaming patents. It then proposes how stakeholders can reform software patents to correct their weaknesses when applied to game mechanics. Finally, it outlines the likely consequences of these reforms across the United States and Japan.