Great mechanics and nice game flow... but no objective?

I more often than not think of an idea for a game, then build a mechanic. This does not mean that the game has a goal yet. It then sits in my head for a while, a lot of the time I am trying to work out balances which typically leads to mechanics. As I am more into games that have random elements I am more inclined to work towards a mechanic that will create a form of controlled randomness. The end game solution sometimes comes out as a result of the mechanic or is added after the core design is complete. The trick with the latter is to not make the end game have an "add on" feel.

Like you, I have a ton of ideas for game mechanics, but not a game to go with it. Usually, for me, it doesn't come together until I stumble across an interesting theme. For example, when I read a book about ancient cities and what exactly constituted a "city" in those times, I thought: "Hey that would be a good theme for that tile-laying, auction mechanic I came up with a couple of months ago".

Also, having a theme gives direction and purpose to the design. It is something you can fall back on when you come across a hurdle in the design process. You can look at the theme and it may give you some hint at how you could solve the problem.

I have a background in Psychology. I usually think of a Mechanic first, and while I am on the look out for a theme I think about player experience. What would feel motivating (positive and negative). What would make a player feel a good stress. If a Mechanic gains a player something, how can I make that something feel valuable (Building etc) I find by asking these questions it helps to form a goal for the game. Also I like being able to play within a system in various ways, so I try to build in at least two paths towards the goal. I hope this helps, a mechanic must add to the "fun" which comes from feelings of accomplishment, or standing up to a challenge (either presented by the game, or other players, or both).

so How do you know when to patent or trademark or copyright?

I have a game that I want to publish, it has what I believe to be a unique and novel playstyle and mechanic? But is it patentable? What benefits do I gain by a patent? what benefits do I have by trademarking it or copyrighting it (register)?

This question pops up very often.

When you write a piece of text, or you create a piece of art, you automatically have the copyright for it. This means other cannot duplicate your creation without your permission. Copyright is free and automatic. When you create something, you automatically own the copyright on it. The problem is, of course, proving that in court should it ever come to it. That's why you can register your copyright at some offices for a relatively small fee, which could help your case in court.

When you have a kind of mechanical device, or a specific working of a thing (yeah, it's pretty vague) you could patent it. When it comes to game design, just forget about patenting. Patenting is hugely expensive and with the margins in board games it is just not worth it. Also, it always remains to be seen just how much a patent is worth in court. A small change to your invention could invalidate your patent.

Finally, trademarking is about protect a certain unique name, or a brand. Coca-Cola is a trademark, for example. Monoploy and Axis & Allies could be trademarks. Don't worry about trademarking your game's name, I don't think it is very useful, unless the game becomes very big.

Much of the above is very well said...They sound and say just what my IP lawyer. And you can hear it all again...most lawyers will have a short talk with you "consult" for no fee...tell them that you are interested in IP rights for your property...but don't know if it is worth pursuing....

email from my lawyer to me will give you an idea.

Shane A. Vannatta to me
show details 4/27/09

Dear Bob:

In follow-up to your questions, please see the following:

COPYRIGHT

I have reviewed the U.S. Copyright Office's website, and note the following instructions for the registration of board games:

To register the copyrightable portions of a game, you must send the Library of Congress, Copyright Office, 101 Independence Avenue SE, Washington, DC 20559-6000, the following elements in the same envelope or package:

A completed application form. If your game includes any written element, such as instructions or directions, we recommend indicating "Literary work," which can be used to register all copyrightable parts of the game, including any pictorial elements. When the copyrightable elements of the game consist predominantly of pictorial matter, we recommend indicating "Visual arts work."
A nonrefundable filing fee (Current Fees)
A deposit of the material to be registered. The deposit requirements will vary depending on whether the work has been published at the time of registration.
If the game is published, the proper deposit is one complete copy of the work. If, however, the game is published in a box larger than 12 x 24 x 6 inches (or a total of 1,728 cubic inches) then identifying material must be submitted in lieu of the entire game. (See “identifying material” below). If the game is published and contains fewer than three 3-dimensional elements, then identifying material for those parts must be submitted in lieu of those parts.

If the game is unpublished, either one copy of the game or identifying material should be deposited.
Identifying material deposited to represent the game or its 3-dimensional parts shall usually consist of photographs, photostats, slides, drawings, or other 2-dimensional representations of the work. The identifying material shall include as many pieces as necessary to show the entire copyrightable content of the work, including the copyright notice if it appears on the work. All pieces of identifying material other than transparencies must be no less than 3 x 3 inches in size, and not more than 9 x 12 inches, but preferably 8 x 10 inches. At least one piece of identifying material must, on its front, back, or mount, indicate the title of the work and an exact measurement of one or more dimensions of the work.

For further information on registration, see SL-35. For further information on copyright, deposit requirements, and registration procedures, see Circular 1, Copyright Basics.

Whether or not you seek a copyright registration for your game(s), you should immediately put a copyright disclaimer on your game instructions, major pieces, boards and cards. The copyright disclaimer should look like this:

© 2009 by Tridagam LLC. All Rights Reserved.

As I've mentioned to you before, you have basic copyright rights upon reducing your creative thought to a tangible medium (i.e. writing it down, drawing the board game art, typing in the design on a computer). The disclaimer only forewarns others of your claim to that copyright.

PATENT
Please note that Tridagam may be able to obtain a design patent on the board, and possibly a utility patent on the game. (Monopoly was an example of a successful game patent.) A utility patent covers something that is creative, novel, and useful. It is a very broad category that covers many different things. If your board game is original, creative, and not disclosed for more than a year from now, it may be eligible for utility patent coverage.

However, the cost of obtaining a patent would likely be in the neighborhood of $10,000 or higher. Most often, it is not practical for first time inventors or for people not already in the toy and game business to see patent protection. The book, "Patent It Yourself" by David Pressman, published by Nolo Press, can explain it further. It should be in your local free public library.

FYI, I am not a patent attorney and could not assist you with searching for or developing a patent application.
TRADEMARK
To trademark your game name and related logos or slogans, you would file for such trademark protection at: http://www.uspto.gov/teas/index.html. I can assist if necessary. Before starting the application, you should make sure you have reviewed the U.S. Patent and Trademark Office's website for the preparation of specimens and the required information you'll need for the application.

Whether or not you seek a trademark registration for your game name, logos and slogans, you should immediately put a trademark disclaimer near your names, logos and slogans. For instance, if you were claiming a trademark in Tridagam, you would use the following:

Tridagamä

After you have received a federal trademark registration, you should begin using the circle R disclaimer, as follows:

Tridagam®

As I've mentioned to you before, you have basic copyright rights upon reducing your creative thought to a tangible medium (i.e. writing it down, drawing the board game art, typing in the design on a computer). The disclaimer only forewarns others of your claim to that copyright.

* * * * *
I hope you find the above helpful. If you have any questions or concerns, please contact me.

Sincerely,
Shane

Shane A. Vannatta
WORDEN THANE P.C.
111 N. Higgins Ave., Suite 600
P.O. Box 4747
Missoula, MT 59806-4747
(406) 721-3400 (voice)
(406) 721-6985 (fax)
svannatta@wthlaw.net

Now I found Shane a very good person to work with...If you are in this part of the USA give him a call...he is worth the money.