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[Dan Mertz]

I have an idea and prototype for a board game based on a TV show.  I am currently doing my research about patenting and licensing a product, but I currently know little about the process.  

One question I have not found an answer to is how to go about getting the permission of the company that owns the rights to the show while, at the same time, protecting my idea.  I wouldn't think I could get a patent for the idea without their consent to use their show's name, but how do I get their consent without revealing to them what my idea is before I have protected it.  Seems like a catch 22.  I may find the answer as I read more, but does anyone here have an answer for me?

[JimIvey]

As long as the novel and non-obvious idea is yours, you don't need anyone's permission to get a patent -- well, except perhaps some good folks at the US Patent and Trademark Office.

Remember, a patent doesn't give you the right to make, use or sell anything -- only the right to exclude others from doing so.  So, if you get a patent, you can prevent the TV show from making, using, or selling your patented game.  See, that's where the money comes from -- assuming they like your idea and want to make, use, and/or sell your game.  And, if they like your game, there's a good chance they'll license you to do it (or may insist on a known and reputably game manufacturer who would need a license from you to make, use, and/or sell the game).

On the other hand, if they don't like your game, they won't pay you to license your patent and they probably won't license you to use their plotlines, characters, likenesses, etc.

Regards.

[Dan Mertz]

So, if I believe my game idea could be successful, I can go ahead with a patent search, and later a patent application, without any permission from the company who owns the TV show?

Do I not need their permission until after I've received a patent and am looking to sell the game (or the patent)?

If the above is true, then who do I turn to in order to help me do a reliable patent search?

[JimIvey]

When someone (you and/or your licensee) wants to actually sell the game, advertise it, or make some public use of the game, some form of permission will probably be required.  That's most likely a copyright question and I believe your issue pertains to a derivative work.  You'll get a much better answer on the logistics and details of such permission on the copyright forum.  There may be some trademark issues involved as well, so look on the trademark forum too.  You can be instantaneous answers by search the archives; the topic you pose comes up fairly frequently.

As for patent searching, here's a thread from the patent forums here on exactly that topic:

http://www.intelproplaw.com/Forum/Forum.cgi?board=new_idea;action=display;num=1110560299
[made tiny: http://tinyurl.com/6rao8]

Hmmm....  As I look at that thread, I only see my response and not the original question.  Hopefully, it still makes sense to you.

Regards.

[JSonnabend]

My query is this: why does Mr. Mertz think he needs the name of the game to go to the patent office?  If it's because his invention nothing more than a reduction of the tv gameshow to a board-game based format, then he likely doesn't have anything patentable anyway.

[Dan Mertz]

My query is this: why does Mr. Mertz think he needs the name of the game to go to the patent office?  If it's because his invention nothing more than a reduction of the tv gameshow to a board-game based format, then he likely doesn't have anything patentable anyway.

The reason I asked is because I have no idea how this thing works and I didn't know if permission was needed.

As for the invention, it is not a reduction of the tv gameshow to a board-game, but I'm still trying to figure out if its patentable, or if it would even be marketable.

[JSonnabend]

Perhaps some clarification would help.  What did you mean when you said your invention was "based on[/b] a tv show"?