Nintendo is reportedly tightening its grip on intellectual property law with claims that mods aren’t legitimate games, a move that might impact their ongoing lawsuit against the Palworld developer, Pocketpair.

Last year, Nintendo launched a patent lawsuit against Pocketpair concerning its Pokemon-inspired game, Palworld. The latest development reveals that Nintendo has taken the bold stance of asserting that modded creations don’t count as prior art in patent law. This assertion may potentially undermine the developer’s defense as they argue that the existing mod of “Pocket Souls” for Dark Souls 3 demonstrates prior work that could invalidate Nintendo’s patent claims.

Nintendo Image

As reported by Games Fray, Nintendo contends that since mods cannot function independently of the original games, they shouldn’t qualify as prior art.

This legal argument raises significant questions about the nature of creative works in the gaming industry. According to IP attorney Kirk Sigmon, having demonstrable prior art is crucial in contesting patent validity. If accepted, Nintendo’s position could set a concerning precedent, where game developers might claim patent protections on gameplay mechanics derived from mods, exposing modders to potential litigation for their creations.

Given Nintendo’s history of aggressively pursuing modders—such as the removal of Nintendo-related content from Garry’s Mod and the shutdown of Breath of the Wild multiplayer mods—many are watching closely as this case unfolds. Should Nintendo’s perspective prevail in court, the implications could reshape the landscape of modding in gaming.