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[SupaNik]

Hello, I have created a new sport. It’s kind of hard to no say I didn’t get my influences from others sports. Then again, I don’t think any sport didn’t get an idea from another sport or from the idea that when you have a goal, a ball, and two teams trying to outscore each other, they're all kind of similar. Soccer is used with only feet, different score zones, a round ball and 2 two teams. Basketball has a round ball, only hands involved, a goal (with a net too) score zones and 2 teams... hmmm, take the game Kronum for example. A new game that’s actually pretty awesome. 2 teams, a goal, different zones yahta yahta...I’m sure this game has a patent, trademarks some copy written mixed up in there. This game is fusion of other games such as soccer, handball, basketballish, quittadge mix. Yet, how to play the game and the design makes it interesting. Basketball didn’t get a patent nor did football or baseball. The old-school sports were just placed in the public and nobody thought to place a patent. Anyone can open there own league but to compete with the likes of the giant associations out there... hmm not going to happen. I don’t think creating a new sport will do the trick either but I’m going to try. So my question is, Can I patent a sport? Even if it was inspired by other non-patent sports? I do have my own rules and regulations. Oh yeah, does anyone know if "SLAMBALL" had a patent? It’s basically basketball but with trampolines, nothing too original.. Thanks- NIK

[George White]

Not long ago methods of playing games - specifically board games and card games were getting patented. Now it is very hard to get a "method" through that does not tie to specific, relatively unique equipment. Does the game "transform" an article by any chance? If so that would be good.

---George

[sikoralaw]

Hi SupaNik,

I am a huge basketball fan and sports overall.  You haven't really convinced me why your sport is unique and needs a patent in the first place.  It seems that you have been comparing the sport to already established sports, which to me suggests its a game not to be taken seriously thus no need for a patent. 

I am sure that's not true. Would love to help, just need some more info

Michael

[SupaNik]

George,
   I do believe my sport "could" change an article, although it hasnt yet and so im not gonna say it will. I have people already interested in it and want to play it. I mention the other sports in my last post because everything somehow is linked. Austraillan, gaelic, football, soccer, Kronum, rugby, basketball all have that same flow. My game has that same flow as well.  All in all, I think its interesting to get people out to play.

[SupaNik]

Michael,
  I too am a huge sports fan. Basketball and Football are my tops sports to play and watch. In my post, I didn’t really describe my game enough to make it seem interesting or even to lure out an opinion about it. I simply stated the commonality of the other sports. When a company is created, it’s a must know who their competitor is in that market. When a rapper or singer places out a song or album, they know who else is out there. It’s a competition of its own.  Receiving hash criticism is expected. Comparing is inevitable. Now on the other hand if I explained the whole game here, then that would be a foolish move on my part. I am not saying that this sport idea is going to sweep the nation and it probably won’t.  On the other hand if I publicize the idea and some rich dude thinks it’s good, patents and profits from it, then I would look like an idiot. With that being said, a sample isn’t the whole enchilada, so here is one, there  is tackling involved so anyone who decides to play better take it serious or risk a serious injury. All I’m asking is, is it possible to patent a sport? And if so how?

[Yak]

SupaNik,

I did a quick google patent search for the terms "sport and playing and method" and a variety of issued patent art came up. 
http://www.google.com/patents?q=sport+playing+method&btnG=Search+Patents

As George correctly noted:

Not long ago methods of playing games - specifically board games and card games were getting patented. Now it is very hard to get a "method" through that does not tie to specific, relatively unique equipment. Does the game "transform" an article by any chance? If so that would be good.

I did not see anything issued for method of playing a sport or game that has been issued past about 2006.  This is consistent with the changes in PTO doctrine and procedures based on case law which made these types of patents more difficult to issue. 

[khazzah]

I did not see anything issued for method of playing a sport or game that has been issued past about 2006. This is consistent with the changes in PTO doctrine and procedures based on case law which made these types of patents more difficult to issue. 

Interesting timing. 2006 is way before Bilski's machine or transformation test. But well after State Street's requirement (1997) for concrete, useful or tangible.

Probably corresponds to PTO's 101 Guidelines which came out in 2005 after Ex parte Lundgren abolished the "technological arts" test.

I quickly scanned thru Yak's list of search results, and I do see *apparatus* claims for sports games. So you may not be able to get claims to the rules of the game, which would typically be expressed as steps in a method, because of the PTO's requirement for "transformation of an article".

But apparatus claims to the game equipment and/or playing field configuration avoid that transformation requirement.  That doesn't mean this will be patentable. "Transformation of an article" is but one hurdle to patentability. The bigger hurdles are novelty and non-obviousness.

This game is fusion of other games such as soccer, handball, basketballish, quittadge mix. Yet, how to play the game and the design makes it interesting.

The bigger question is whether the combination of existing game features is sufficiently non-obvious to make it patentable. The most concrete answer you'll get is: it depends exactly on what features you claim. The more realistic answer might be: who knows? who can predict what the PTO will find obvious today, much less several years in the future?

[SupaNik]

Hello,
  I also did a search through Google and found a few games that are patented beyond 2006. Since these games are considered sports, my question "is it possible to patent a sport" is pretty much is answered. Now the question arises, who do I talk to in order to get my sport patented?

 Yak, The game I was referring to on that statement is already a game that is patented. I was describing that game. Look it up, it’s actually a pretty cool game. I’d play it.
My game is also inspired by other games. So what you’re saying is that if my game is "obviously" inspired by other games, chances are they will decline it?

 Okay and "Transformation of an article"??