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Patented Terminology for Game Mechanics?

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Sat, 07/06/2013 - 21:20
Kamon
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I am currently in the middle of creating a completely new type of deck building game. I was wanting to simplify game mechanics by using keywords to replace the need for several sentences of rules text. However, I have very little understanding of patents on terms referring to game mechanics such as Magic: the Gathering keywords like Regenerate, Trample, etc. Are these terms actually patented and protected from other game developers? Also, I was wondering if Wizards of the Coast have exclusive rights to terms such as Ettin, Verbeerg, etc. I've read them in a book published by Wizards of the Coast and I haven't been able to find them anywhere else.

Does anyone have any experience with this kind of thing?

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Sat, 07/06/2013 - 22:01
#1
Corsaire
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The only WotC patent I've see

The only WotC patent I've see for MtG describes the general mechanics of the game, but each claim is tied in with the mechanic of rotating i.e. tapping cards to represent their state. There are some phrases that are trademarked like "trading card game."

Some concepts/mechanics are universal and others distinctive to Magic's concept, but those wouldn't specifically be protected unless they are. In your example regenerate is pretty common, but trample doesn't really mean the same thing as in Magic. As to creature types and races, I'd suggest finding your own source references, at the very least some reading in Wikipedia. Ettin is a pretty common term, and like Verbeeg was used in D&D before Magic as well as the source mythologies they come from.

The bigger problem is your audience rather than legal. If I see a game where it's mythology and mechanics are solely based on Magic's mythology and rule cocncepts, it's a pretty big turn off. I'd rather see material that is fresh or based on source mythology or a compendium of various concepts. After a couple thousand fantasy novels, dozens of books on mythology, hundreds of board games, untold numbers of computer based games, derivative stands out like a sore thumb to me.

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Sat, 07/06/2013 - 22:05
#2
laperen
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some posts and articles

http://boardgamegeek.com/thread/493249/mythbusting-game-design-and-copyr...
and
http://howell.seattle.wa.us/games/MtG/patent.html

should serve you well

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Sun, 07/07/2013 - 02:36
#3
Kamon
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The mechanics of this game

The mechanics of this game are totally different than anything Magic: the Gathering uses. Magic is a trading card game and this is a deck building game such as Dominion. The basic idea of the game is that you play as a sort of super villain wanting to essentially rule the world. You can't do this alone, so you recruit monsters/minions from various factions to join you in overtaking the world and defeating humanity. There are other card types you gain and even a deck that represents the world you are trying to conquer.

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Sun, 07/07/2013 - 08:02
#4
laperen
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never said nuthin bout an MtG clone

dont think anyone said your game resembled MtG, and even if there were such accusations, your post mentioning MtG as an example in question gives many assumptions already

is this even something you want to focus on? your question was on patents so, we are trying to answer your question with something you might understand based on something you mentioned in your original post. MtG is widely understood and highly documented, it would be the obvious candidate for cross examination

even if your game is different from MtG, it is worth taking a look at their patent to see what is patented, what they take note of, and reference what other patents would look like.

for justifications to the topic you raised, you should open a seperate thread to elaborate your game in detail. unless you mention your game mechanics, you have not made a case for yourself in differing from MtG, or being a completely new type of deck building game

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Sun, 07/07/2013 - 15:51
#5
Kamon
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laperen wrote:dont think

laperen wrote:
dont think anyone said your game resembled MtG, and even if there were such accusations, your post mentioning MtG as an example in question gives many assumptions already

is this even something you want to focus on? your question was on patents so, we are trying to answer your question with something you might understand based on something you mentioned in your original post. MtG is widely understood and highly documented, it would be the obvious candidate for cross examination

even if your game is different from MtG, it is worth taking a look at their patent to see what is patented, what they take note of, and reference what other patents would look like.

for justifications to the topic you raised, you should open a seperate thread to elaborate your game in detail. unless you mention your game mechanics, you have not made a case for yourself in differing from MtG, or being a completely new type of deck building game

The only reason I brought up the difference in gameplay mechanics between Magic: the Gathering and this deck building game I'm currently working on is because of this paragraph stated above by another member:

"The bigger problem is your audience rather than legal. If I see a game where it's mythology and mechanics are solely based on Magic's mythology and rule cocncepts, it's a pretty big turn off. I'd rather see material that is fresh or based on source mythology or a compendium of various concepts. After a couple thousand fantasy novels, dozens of books on mythology, hundreds of board games, untold numbers of computer based games, derivative stands out like a sore thumb to me."

I was simply trying to state that the mechanics of this game are fundamentally different than Magic's. I'll try and create a thread later to explain the game in more detail.

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Sun, 07/07/2013 - 16:04
#6
silasmolino
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I'm with Corsair on this one

You may want to stay away from previously used verbiage from other games simply because using that verbiage automatically (if unintentionally) refers to the game that successfully used that verbiage.

You also may want to stay away from Proper Nouns that are tied into another universe, such as D&D, MtG, or otherwise, unless you are deliberately tying your game into that universe.

Do these two things will prevent you from having to worry about those legalities you are worrying about.

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Sun, 07/07/2013 - 16:12
#7
Corsaire
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So, I have this game about

So, I have this game about medieval peasants farming. You can play one of three peasants: Kirk, Scotty, or Spock. The idea is by growing your hut big enough you can become ruler of the village named Enterprise.

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Sun, 07/07/2013 - 16:38
#8
Kamon
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silasmolino wrote:You may

silasmolino wrote:
You may want to stay away from previously used verbiage from other games simply because using that verbiage automatically (if unintentionally) refers to the game that successfully used that verbiage.

You also may want to stay away from Proper Nouns that are tied into another universe, such as D&D, MtG, or otherwise, unless you are deliberately tying your game into that universe.

Do these two things will prevent you from having to worry about those legalities you are worrying about.

Right. I understand what you're saying. The only problem I'm encountering is finding new terminology for certain actions. Some deck building games use buy, purchase, obtain, acquire, recruit, etc. to describe the action of taking a card from the community pile of available cards. I'm not sure what else there is to use for that kind of thing.

In this game I'm developing, there's one action of a card returning to your hand from your discard pile after it was discarded by a card effect (either by your own effect or through player interaction). Regenerate is one keyword I'm interested in and I figured out that Magic: the Gathering uses it, but I'm sure I could simply do without it and come up with some other kind of keyword. Although Regenerate is probably the most easy for a new player to understand.

Thoughts?

And I like that peasant farming idea. Those names sound familiar, though...

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Sun, 07/07/2013 - 19:20
#9
Procylon
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Long story short, you can't

Long story short, you can't patent a word or a phrase. And you won't cross the copyright line unless you borrow a significant chunk of your terminology and mechanics from magic(or whatever). Some keywords here or there will be fine, especially for something like Regenerate which is a pretty common term, even outside RPG's.

Additionally, there is something to be said for using terms that your userbase will already know. If you make up too many new terms, your learning curve goes up which may keep people from getting into your game.

Keep simple terms simple. That gives you more room to be creative with your areas of innovation.

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Mon, 07/08/2013 - 10:49
#10
Kamon
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Procylon wrote:Long story

Procylon wrote:
Long story short, you can't patent a word or a phrase. And you won't cross the copyright line unless you borrow a significant chunk of your terminology and mechanics from magic(or whatever). Some keywords here or there will be fine, especially for something like Regenerate which is a pretty common term, even outside RPG's.

Additionally, there is something to be said for using terms that your userbase will already know. If you make up too many new terms, your learning curve goes up which may keep people from getting into your game.

Keep simple terms simple. That gives you more room to be creative with your areas of innovation.

Not having to up the learning curve is one reason why I wanted to keep Regenerate. So a word or phrase can't be copyrighted... That's good to know. Doesn't seem like I'll have much of an issue with anything, then.

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