Have you developed a new game that you believe will be a great opportunity to capitalize on? Before you try to bring your new game to market, it is important that you work with a patent attorney to discuss your options for protecting your intellectual property. There are extensive patents for board games, for both designs and the actual utility or function of pieces of the games. In addition to board games, there are patents on all sorts of toys, such as Rubik’s Cube! The Patent Professor has over 20 years of experience helping inventors get patents for their unique ideas, and we will be happy to help you. Read more below about why you need a patent, how to get one, and how we will help you achieve your dreams. Contact us today to begin the process immediately.
What Is a Game Patent?
There are many different ways you can patent a game, whether with a design or a utility, or both. The definition of a game is fairly broad, and therefore the final patents we will decide to apply for will be relevant to your exact invention. Before we decide what we will ultimately file for, your game must meet a few criteria in order to qualify for a patent:
The game must be unique and original
The game must be useful
You are not able to patent something that already exists, although you may be able to incorporate some obvious functions in your overall patent. You can not submit a patent for a game that is similar to another, already patented or commonly-known game.
In addition to these points, you are not allowed to include broad or vague language that may hinder future development for other games or utilities. If the United States Patent and Trademark Office (USPTO) determines that your application language is not specific enough, they will reject it.
Am I Eligible for a Game Patent?
If you believe that your idea for a game is truly unique, contact The Patent Professor immediately and we will begin researching the viability of your patent. Below is our process:
When a client comes to us with a new idea for a patent, the first step we take is to research all existing patents and get an idea for the likelihood of the new application being approved. This is a tedious, but important process in order to avoid putting in all of the effort to complete an application, only to discover an obvious existing patent that blocks our own success. Once we determine that you are able to move forward, we will begin the application process.
The application for a United States patent is painstakingly detailed, and requires an extensive understanding of the overall process. Even the most seasoned inventors often opt to hire a patent attorney for this step, because as an inventor, your time is better spent working on your product. Before we begin the process, we must determine whether we are filing for a design patent, utility patent, or perhaps both. Read below to see how each would apply to a game.
A design patent would be applicable for a game if there were specific, non-functional aesthetics about the game that were original and set the game apart.
A utility patent for a game would involve any specific process in the game, or machine required to play the game, that was original and non-obvious. This may also require a design patent, or may just require a single utility patent, depending on the nature of your game. We will be sure to complete your patent in the exact way the USPTO requires, and will walk through every step with you before our final submission.
Receiving Your Patent
Once you are approved for a patent, we will work with you to be sure you understand what rights you have as a patent holder, and how you are able to use this legal privilege to the best of your abilities. Patents are an important part of innovation and development, and after you have spent the time and money to secure one, it is important you capitalize on it as best as possible.
Should You Seek a Game Patent?
Some people could stand to benefit from a game patent and don’t even realize it. Typically, anyone with a novel idea for a game should speak with an attorney about patent protection. There are several ways in which a patent could help you.
Sell Rights to Your Game
If you don’t want to take time and money marketing your product, you can sell licensing rights to your game. If you sell exclusive rights, you sell the rights to only one individual. But you can also opt to sell the rights to multiple people. When you make the sale, you may require the licensee to pay you for royalties. You can profit without doing the work. You may also be able to sell your patent. If you do, you give up rights to your game design or product. However, you could make a significant profit from the sale.
Keep Competitors Away
There is no shortage of competitors in the gaming industry. If you want to be successful, you need to do what you can to keep the competition at bay. This could mean filing for a patent. Your patent prohibits competitors from selling or using your game. If your patent application is successful, you have exclusive rights to your game. This puts the competition at a disadvantage.
One of the most common reasons for getting a patent is the legal protection. If you don’t have a trade secret or a patent, anyone can use or sell your game. There’s no law stopping them from copying your idea. But a patent fixes that. A patent makes it illegal for anyone else to steal your idea. Instead of worrying about your secrets getting out, you can stop worrying. There are no more secrets to keep, and there’s no need to closely guard your ideas.