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[dayzman]

Hi,

Assume the game of lottery is patented and its claims cover the use of balls with numbers on it, random selection of those balls,  acceptance of bets, offer of prizes, etc. If I invent a game similar to lottery (accepts bets, offers prizes, uses numbered balls, etc.), but the balls are chosen based on the outcome of a deterministic function (thus *not* random), would my game be patentable? It seems to me that the major characteristic of lottery is its random nature, so if my game is not based on randomness it should be novel, right?

Thanks a lot in advance.

[Wiscagent]

To be patentable an invention must be novel, non-obvious, and useful.  Based on your description, your lottery game seems useful and depending on the details, it is likely to be novel.  Whether or not it is non-obvious would require careful analysis, and ultimately would be determined by the patent office. 

By the way, it is immaterial if the original lottery game was patented.  It may be relevant if the lottery method was "known" or "published".

[dayzman]

Wiscagent: Since my game still accepts bets, offers prizes, uses numbered balls, etc., is it still novel?

[Wiscagent]

If your game is different than prior art games, then yes it is novel.  If you want a patentability analysis, this is the wrong place; you'll have to contact a patent agent or patent attorney.