Nintendo Rejects Mods as Prior Art in Palworld Case

Nintendo has asserted that user-created mods should not qualify as prior art, as part of its ongoing lawsuit against Palworld developer Pocketpair.

This move appears aimed at preventing Pocketpair from citing popular Pokémon mods as evidence that the franchise’s patented gameplay mechanics already existed elsewhere.

Nintendo’s reasoning — that mods rely on a base game to function and therefore cannot stand alone as prior art — has drawn criticism across the gaming industry and among Pokémon fans. Many warn that, if accepted by the court, this argument could set a far-reaching legal precedent.

Florian Mueller, a legal analyst and games reporter for Games Fray, who first broke the story, described Nintendo’s stance as showing “utter disregard for the enormous creativity” of mod makers.

Moreover, from a legal standpoint, accepting Nintendo’s position could risk making mods “fair game” for patent infringement — allowing others to freely incorporate modders’ ideas into commercial releases, which would then enjoy legal protection.

“Patents are government-granted monopolies intended to promote genuine innovation,” Richard Hoeg, a business attorney and host of the Virtual Legality podcast, told IGN. “If something already exists publicly, no one can claim to have invented it and receive patent protection.

“All such existing material is considered ‘prior art.’ It would be absurd to exclude a game design idea simply because of how it was implemented in software. How the idea is accessed shouldn’t matter. If it exists, it renders similar ideas non-novel — and thus ineligible for legal protection. Monopolies aren’t awarded to those who arrive second.”

Will Nintendo’s argument prevail? Mueller believes it’s unlikely, as courts generally resist narrowing the definition of prior art — and Nintendo’s stance here is seen as “extreme.” However, the final outcome remains uncertain as the litigation continues.

While Nintendo presses its legal case, Pocketpair is moving forward with Palworld’s major 1.0 release, scheduled for 2026. In the meantime, the team is focusing on polishing the game and reducing technical roughness, according to communications director John “Bucky” Buckley, though a smaller winter update is still in the works.