Nintendo Says Game Mods Don’t Count as “Prior Art” in Its Lawsuit Against Palworld Dev PocketPair

Nintendo’s ongoing legal battle against Palworld developer PocketPair continues to escalate, with the company now making a striking argument: that game mods should not count as “prior art” in the courtroom.

According to a detailed report from Gamesfray, Nintendo has pushed this position as part of its patent infringement lawsuit, which began nearly a year ago. Over the course of the case, Nintendo has repeatedly shifted its strategy by modifying the patents it claims are being infringed, acquiring new patents to strengthen its case, and now countering PocketPair’s attempt to use mods as evidence against its arguments.

Nintendo’s Claim: Mods Aren’t Independent

PocketPair sought to use game mods as “prior art,” a legal term that refers to existing work or technology that can be used to challenge the novelty of a patent claim. Nintendo, however, argues that mods do not qualify because they are not standalone products and require the original game to function. Since mods cannot run independently, Nintendo believes they should not be treated as patentable works or evidence of prior innovation.

This interpretation is crucial for Nintendo’s case. If mods were to count as prior art, they could weaken Nintendo’s claims of innovation and potentially protect PocketPair from infringement allegations. By rejecting mods as valid prior art, Nintendo seeks to protect its patents from being undermined by fan-made content or derivative works.

Broader Implications for the Industry

If Nintendo’s stance is upheld, the implications could be far-reaching. It could open the door for Nintendo to pursue more aggressive legal action against modders who create content inspired by or modifying its games. Independent creators who put countless hours into building original mods might face increased legal risks, even when their mods innovate beyond the base game. It may also set a precedent for how courts define creativity and ownership in video games, tightening corporate control over fan-driven contributions.

For now, it remains unclear how the judge presiding over the case will rule on this argument. Gamesfray reports that no major updates are expected for the remainder of the year, leaving the industry in suspense.

Regardless of the outcome, the verdict will likely have a significant impact on the video game industry, shaping how companies, developers, and modding communities interact in the years ahead.

Do you think mods should count as “prior art” in legal disputes, or does Nintendo have a point in saying they are too dependent on base games to be considered independent works?