[casual_games] Gameplay patents

[Kirby, Neil A (Neil)]

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Neil Kirby              +1.614.367.5524        Hope is not a strategy
Lucent Technologies     nak at lucent.com         Prayer is not a process
6100 E. Broad St.                              Tuning is not a plan
Columbus, OH 43213      USA                    Chaos does not scale
 


> Message: 3

> Date: Fri, 9 Feb 2007 07:23:55 -0800 (PST)

> From: Jose Marin <jose_marin2 at yahoo.com.br>

> Subject: [casual_games] Gameplay patents

> To: casual_games at igda.org

> Message-ID: <20070209152355.63268.qmail at web36709.mail.mud.yahoo.com>

> Content-Type: text/plain; charset=iso-8859-1

> 

> Hi.

> 

> I've seen several games that have the same gameplay (almost clones).

> 

> Is there "patents" on gameplay?

> 

> Or on some game mechanism/interface?

> 

> My concern is because we are about to launch a game that its 

> gameplay looks very much to a classic, but have many more features.

> ------------------------------



Patent protection is available to processes, inventions, and the like but not to artistic elements covered by copyright.  I am not a lawyer and this is not legal advice.  

Gameplay, if it is new and novel *might* be covered by a patent.  If so, the inventor has spent thousands of dollars US to get coverage.  They will most likely have marked the invention as patented or patent pending.  They will most likely be interested in licensing the invention during the 17 year time span that the patent runs.  After that time, anyone can use the invention for free.  If the game is old, any patent on it may have expired.

To be frank, chances are that there is no patent protection at all on the game.  The economy of doing so simply does not exist.  Chances are that the game is still covered by copyright, so be sure that you understand what is and is not covered by copyright.  The first game I ever programmed was lifted directly from a paper board game.  The IP lawyer I spoke with told me that the text of the rules and the tables were covered by copyright.  He said that the *process* described by the rules was not copyrightable (the rules are,  but what they mean is not).  He did say it was possible but extremely unlikely (and easy to verify) if the process was covered by a patent.

Be very careful of the copyrighted elements.


---
Neil Kirby              +1.614.367.5524        Hope is not a strategy
Lucent Technologies     nak at lucent.com         Prayer is not a process
6100 E. Broad St.                              Tuning is not a plan
Columbus, OH 43213      USA                    Chaos does not scale