how do you go about doing it?
Getting a game mechanic patented?
Tue, 06/21/2005 - 15:06
Tue, 06/21/2005 - 15:08
#1
Re: getting a game mechanic patented?
CIDIC wrote:
how do you go about doing it?
Dear God, again?!?!
Tue, 06/21/2005 - 16:25
#3
Getting a game mechanic patented?
Hi
This is not the right place for that question. We are game designers and not lawyers.
If you want to get a patent on your mechanism, contact a lawyer.
If you want to discuss the matter, I would say don't. At least not here!!! (go threw the forum and you will find several threads about it (and there are a lot of feelings around the subject)).
// Johan
Tue, 06/21/2005 - 18:05
#4
Getting a game mechanic patented?
You can't patent a game "mechanic". For the simple reason that in order to patent something it has to be both ORGINIAL and not something that others would reasonably have thought up on their own.
Let me put it this way; if you think you've thought of something original: YOU HAVEN'T.
Does that answer your question? lol.
Tue, 06/21/2005 - 21:24
#5
Getting a game mechanic patented?
comport9 wrote:
You can't patent a game "mechanic". For the simple reason that in order to patent something it has to be both ORGINIAL and not something that others would reasonably have thought up on their own.
Let me put it this way; if you think you've thought of something original: YOU HAVEN'T.
Does that answer your question? lol.
By this logic nobody would ever have received a utility patent for any game or game mechanic. People have.
Utility patents for games are tough to get, but are hardly impossible to get or illegal.
To the original question -- I'd recommend that for starters you go to the U.S. Trademark and Patent website and start searching for patents (game or non-game-related) that are remotely similar or even related to your idea. See what's out there to get a feel for the form of things. What you'll see is only a very small part of the actual patent filing. You can call the Patent Office and pay them a chunk of money to get them to send you complete photocopies of one or more patent filings of your choice. If the patent filing was detailed this could cost hundreds of dollars.
If you are at all legally savvy you can use the information you garner to develop the basics of a patent filing.
I'd strongly recommend going to your local bookstore and picking up a book, maybe one by Nolo press, on patent filing. You'll be trying to file a utility patent.
If you can even do a decent first pass on the patent filing, you'll probably save yourself a fortune in legal fees once you get a lawyer to look the stuff over. He'll be working from a good outline instead of from scratch.
If you can't afford a lawyer to review your work, at least, don't even think about a patent. Patents have fees to set up and then more to maintain the patent over the course of a number of years.
The biggest thing for you to concern yourself with in the short run:
a) don't bother with a patent unless you are going to make a very serious attempt at a mass market game or toy (or an attempt to sell the patent rights); and
b) if you're idea has been circulating around, without non-disclosure agreements for more than one year prior to your patent filing, then your patent is dead on arrival, even if you get a patent granted. The second someone challenges it and discovers your public disclosure more than 12 months prior to your filing, your patent becomes a chunk of lead.
Hopefully that'll get you started. Ignore the posts from others who scream "get a lawyer". Bunk. You'll need one, but if you are smart and pick up stuff well from books, you can do a lot of legwork yourself before getting that lawyer and you'll save yourself a ton of dough. You'll want a lawyer eventually, but you don't likely need one at the early researching stage. There's a ton of legwork to do that any half competent and intelligent person with some hours to kill can at least make a decent start of.
When you file a patent you need to list related patents, and lawyers don't have some magic wonder wand of things tightly related to your patent. They have to do research. Do at least some of that research yourself unless you are rich and have money to blow.
Wed, 06/22/2005 - 17:42
#6
Getting a game mechanic patented?
Name ONE game "mechanic" for which someone received a PATENT.
That's about as important as when Amazon had to add an additional "click" for purchases because someone had "patented" the single-click. Guess what? That patent was quashed.
And that was for an emerging technology. I'd be pretty amazed if you could get even that far with a board game mechanic...
Wed, 06/22/2005 - 18:01
#7
Getting a game mechanic patented?
There are a number of game mechanics that have received patents. Whether they'd hold up in court or not is a whole different matter, but the patents are in place. Most famouse is Wizards of the Coast's patent for its CCG mechanics (including "tapping" a card).
Wed, 06/22/2005 - 19:16
#8
Getting a game mechanic patented?
comport9 wrote:
Name ONE game "mechanic" for which someone received a PATENT...
That's sort of a loaded question, because a huge number of patents assert multiple patentable things about their invention. So, rarely will a patent be reduced to a single claim even if a patent over a mechanic is one of the claims.
Wed, 06/22/2005 - 21:15
#9
Getting a game mechanic patented?
Quote:
Most famouse is Wizards of the Coast's patent for its CCG mechanics (including "tapping" a card).
I thought that they just patented the term "Tapping", if I remember correctly from another thread about the same subject. They also patented the term "Library" and "Graveyard."
But anyways, use the search feature!
-Justin
Wed, 06/22/2005 - 22:12
#10
Patent Info
Quote:
About Design Patents
A design patent protects the decorative characteristics of an invention for 14 years. Design patents can be sought in addition to utility patents because of the different types of protections. If appearance matters most, file a design patent.
• Covers the shape characteristic of an object.
• Is intended to protect the ornamental and cosmetic aspects of an invention.
• Does not cover the function of an object.
• The amount of protection a design patent gives is based almost entirely from the drawings, not the words.
• Gives you "Patent Pending" status.
About Patents
A patent is a grant of a limited monopoly right in your invention and provides an owner with the power to prevent others from making, using, selling, or importing your patented invention. This power is granted to you for twenty years from your patent application filing date for a utility patent application regardless of whether it was filed first by a provisional patent application or non-provisional patent application. Patents can also be issued for designs.
About Utility Patents
Patent protects useful features (functionality) of an invention. The life of a utility patent is 20 years from its filing date. Utility patent applications offer the most protection for inventions. In addition to standard (non-provisional) patent applications, provisional patent applications offer inventors one year to initiate the patent process at a reduced cost, but with limitations. Provisional patent applications allow additional time to market and develop the invention, but delays the issuance of the actual patent.
• A utility patent is for any useful, non-obvious
o Process
o Machine
o Article of manufacture
o Composition of matter
o Chemical composition
o Business process or method
o Computer software
• Gives you "Patent Pending" status.
It might depend on what kind of patent they have. Some of their design patents or basic patents may be expired and/or expiring soon. I beleive there is a clause for a renewel but Im not sure what the requirements are.
Id be hard pressed to think that IF they actually have a patent on CCG's they sure dont enforce it, or at least it doesnt seem like they enforce it. For example, just about any printer can print, cut, coallate and package cards based on rarity, they even advertise it as purposfully for CCG's. It may be that they actually sell the process for it to printers.
I have studied a bit of IP law but I am by no means a lawyer. Because of the context and cost of patents you might want to contact a lawyer to be sure. There are some lawyers that will take a look at your idea for free to determine if it is patentable content. The process, if it is something that can be patented, will likely cost you around 10k at minimum in just lawyer fees.
Josh
Wed, 06/22/2005 - 23:03
#11
Getting a game mechanic patented?
There are tons of board game patents granted. Head over to http://www.uspto.gov and go to the patent search, and look for "board game" or "boardgame".
With regards to Wizards of the Coast: http://tinyurl.com/yu7qv
there's the patent, found instantly with a search for "Wizards of the Coast" in the "Assignee Name" field.
But more to the point, click the "Search" button above this thread of posts and type "patent" into the search box. This has been discussed ad naseum.
-- Matthew
Thu, 06/23/2005 - 16:55
#13
Re: Patent Info
josgertz wrote:
Id be hard pressed to think that IF they actually have a patent on CCG's they sure dont enforce it, or at least it doesnt seem like they enforce it.
When they first got the patent they came out with a royalties agreement to allow other people to make CCGs, claiming broadly that they had a patent on ANY AND ALL CCGs. Only like one major company signed it.
Other people ignored the claims and got cease and desist notices. These were ignored by some and not by others.
By and large, many people interpret the WotC patent to be limited to Magic. Others interpret it more broadly.
Industry insiders claim that there were technical flaws in WotC's patent filing which may render the whole darn patent Dead On Arrival if they ever get it scrutinized by a court. I suspect that's one of the reasons why they don't defend it in court.
Quote:
For example, just about any printer can print, cut, coallate and package cards based on rarity, they even advertise it as purposfully for CCG's.
Well, sort of. Except that most printers who don't deal in CCGs will literally charge up to 10 times as much as a company that specializes in game printing to print and collate a CCG.
Quote:
It may be that they actually sell the process for it to printers.
No.
Collation for CCGs can be a real major pain. It's either very labor intensive (and inaccurate) or it's very machine intensive (very, very expensive collating machines).
Quote:
There are some lawyers that will take a look at your idea for free to determine if it is patentable content.
Be certain that you establish an attorney-client relationship with them in that case.
Quote:
The process, if it is something that can be patented, will likely cost you around 10k at minimum in just lawyer fees.
Or an absolute ton less if you follow some of my own advice and do a lot of your own leg work. Depends on which you have more of, time or money.
There are no less than 53 posts containing the keyword "patent" when using the search feature. Give that a try and see if the information you're looking for is there.