Nintendo Secures Key Gameplay Patents, Expanding IP Control Over Core MechanicsNovember 12, 2025

In September 2025, Nintendo obtained two significant U.S. patents that represent a growing trend in how game developers protect intellectual property in gameplay systems. The first patent, U.S. Patent 12,409,387, covers riding and flying mechanics that allow players to more seamlessly transition on, off, and between riding objects. Nintendo obtained U.S. Patent 12,403,397, which protects a method for summoning and battling with “sub-characters.”

Together, these patents reflect a growing trend of major game developers seeking to protect gameplay mechanics through patent protection, rather than protecting just characters, literature/storylines, or code under the U.S. trademark and copyright systems. Nintendo is certainly not alone in its pursuits. For example, Warner Bros Entertainment recently obtained U.S. Patent 12,201,908 directed to methods of interacting with non-player characters (NPCs) specifically “nemesis characters” and “followers,” conditions for generating and modifying “nemesis forts,” and parameters for initiating social vendettas in computer games. Other examples of older patents include EA Entertainment’s U.S. 8,082,499 patent covering the dialogue wheel in Mass Effect. Still other examples of patents directed to aspects of video games date back to the 1990s.

Although patents covering features of video games are not new, the recent grants to Nintendo and other major developers suggests a growing emphasis on protecting game mechanics with patents. This trend raises questions about the unique strategy needed for such patents as well as enforcement of the same. For example, because abstract ideas are not patentable, video game patents typically focus on specific methods or they must tie the claimed mechanics to a physical apparatus. That structure can create enforcement challenges — from proving that a single entity performs every step of a method claim to ensuring that enforcement does not target end users rather than competitors.

More broadly, the video game industry has a robust tradition of sharing mechanics or other assets, so a shift toward more robust patent protection and enforcement could mark a significant change in that culture. For developers and IP professionals, these developments highlight the need first and foremost for careful consideration of which assets merit patent protection, creative claim drafting, and strategic consideration of litigation risk as patents increasingly become a competitive tool shaping the future of game design.

Sarah Luth is a Partner and Co-Chair of the Data Privacy and Cybersecurity practice group. For additional information, please visit MVS or contact Sarah directly via e-mail at sarah.luth@ipmvs.com.