[casual_games] Gameplay patents

[Milt Michael]

Nice poem Neil
It leads me to a question...
What is the definition of "strategy" in a game, or is there one?

I'll offer this for a start:
"The analysis of options prior to a decision"

Milt



-----Original Message-----
From: casual_games-bounces at igda.org [mailto:casual_games-bounces at igda.org]
On Behalf Of Kirby, Neil A (Neil)
Sent: Friday, February 09, 2007 10:43 AM
To: 'casual_games at igda.org'
Subject: [casual_games] Gameplay patents



---
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
 
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