>>720721490
Nintendo didn’t patent “summoning characters to fight” as a whole. They patented a very specific Pokemon loop which requires a "throw to trigger" action:
Throws item > creature appears > battle starts (auto or command) > enemy gets weakened > throw item again > capture succeeds > new creature joins your party.
Now, let’s talk about the claims:
In a patent, claims are a recipe. You’re liable to a lawsuit ONLY if you use all the ingredients in that recipe.
Let’s break down the claims in this patent:
1. Throwing an object = summoning
The player throws an object at an enemy
That makes the ally creature pop out (the “sub-character” referred in the Patent)
The game auto-places it in front of player or the enemy
2. Auto movement
Once summoned, the ally moves on its own
The player doesn’t pick its exact spot, the system decides instead
3. Two battle modes,
The game can switch:
Auto-battle (creature fights by itself)
Command battle (you choose moves)
4. Capture mechanic
Weaken the enemy, throw a ball, capture it
If successful, enemy is added to player’s party
5. Rewards system
After battles, player gets victory rewards or captures the enemy
In this patent we have 2 kinds of claims: main ones (independent claims) and secondary ones (dependent claims) that add details but are not valid by itself.
Throw item to summon
Throw item to capture
Nintendo’s patent isn’t the end of indie monster-taming games, it’s just locking down their throw-item-to-summon and throw-item-to-capture loop.
If your game doesn’t use throwing an object as a trigger to summon creatures or catch them, you’re already outside the danger zone. Secondary claims like automatic movement or battle mode are only add ons to the main claims and aren’t a liability by themselves.
Summoning and capturing creatures in other ways (magic circle, rune, whistle, skill command, etc.), or captures them differently (bonding, negotiation, puzzle) are fine.
