The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Dec 8th, 2019, 3:50am

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
  
  
Is it Patentable?
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Protecting a game
« Previous topic | No topic »
Pages: 1  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Protecting a game  (Read 944 times)
bdg315
Newbie
*




   


Posts: 1
Protecting a game
« on: Mar 7th, 2004, 4:40pm »
Quote Quote Modify Modify

Is it possible to own a game?  For example, horseshoes or crocket…  If I created a set of rules for a game, is it possible to patent the game?  I assume I can trademark the name of the game, and copyright the rules.  I am wondering if there is anything else I should consider.  Any advice would be appreciated.
IP Logged
Isaac
Senior Member
****




   


Posts: 3472
Re: Protecting a game
« Reply #1 on: Mar 7th, 2004, 7:20pm »
Quote Quote Modify Modify

It is certainly possible to patent a game.   For example a search of the USPTOs website will show patents for countless card games.  I've drafted one application for a casino game.
 
Copyright protection for the instructions probably would not accomplish very much because a person trying to clone your game can express the method of play without copying the particular expression you use.    Easily worked around.
 
Trademark protection would prevent someone from calling the game by the name you chose.   Seems like a good idea.  
 
You may be able to take advantage of copyright protection for whatever game pieces are used in the game (game board, cards etc.)
 
IP Logged

Isaac
M. Arthur Auslander
Full Member
***


I love YaBB 1G - SP1!

   
Email

Posts: 541
Re: Protecting a game
« Reply #2 on: Mar 8th, 2004, 5:37am »
Quote Quote Modify Modify

Dear bdg315,
 
While it is possible to patent a game, the usual problem is to have a game that can be monopolized by a patent. This is seldom possible.
 
As already pointed out trade mark and copyright may be the best protection for a game that is popular. MONOPOLY is a perfect example of a game that lives on.
 
If you are not in the game business you are going to find it hard, even if you get a patent, copyright or trademark.
 
Marketing is usually an important factor. This usually requires skill and money. I believe that it is very difficult to sell a game idea even if you had a patent or copyright.
 
I'm sure you would have to pay a fortune to buy the MONOPOLY game and trademark today even though there are similar games on the market.
IP Logged

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
Reality Check® ELAINE's Workshop®
Pages: 1  Reply Reply Send Topic Send Topic Print Print

« Previous topic | No topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright © 2000-2004 Yet another Bulletin Board