[casual_games] Gameplay patents

[Tom Hubina]

As an exercise - Let's imagine what the casual game space would be like
if PopCap (based on Bejwelled) had received a patent for a system of
game play where three matching objects formed a chain that was removed
when combined - and all permutations there of (think - a patent that
would cover all match-3 based games).

Now let's imagine that patent wasn't awarded until 3 years after
Bejewelled came out (patents are valid for 25 years from the application
date, not the award date) and they decided to start going after everyone
with a match-3 variant.

I'm not sure if I think that would have been a good thing or a bad thing
but I think we'd have a lot of different titles in the Top 10 lists
today and quite possibly a lot fewer companies in the space.

We'd definitely have a lot more legal fees ;)

Tom


> -----Original Message-----

> From: casual_games-bounces at igda.org 

> [mailto:casual_games-bounces at igda.org] On Behalf Of John Viguerie

> Sent: Saturday, February 10, 2007 11:03 AM

> To: IGDA Casual Games SIG Mailing List

> Subject: Re: [casual_games] Gameplay patents

> 

> 

> Quite an interesting thread...

> 

> I like the one from [adult swim].  I wonder how the

> TimeWarner legal dept feels about it?  Nevermind, I

> think I know... just try to submit a game idea without

> signing a Product Submission Agreeement.

> 

> Remember - post-facto, great ideas seem obvious.

> 

> If your idea is good enough to be "theft worthy", i.e.

> its a truly innovative key piece of a future "hit", a

> big company with a legal department and market power

> is the prime candidate to wipe you out with your own

> secret weapon.

> 

> I just dropped off a sixty-one page game technical

> design document to my patent attorney yesterday - not

> a single line of code - not a single pixel or vector

> or even a formal graphic design treatment has been

> performed... yet.  Its just a much better conversation

> with publishers/distributors/investors when your ducks

> are in a row.

> 

> Nobody cares about misses, but hits will spawn a

> thousand copycats.

> 

> If you don't have a patent attorney, make friends with

> one.  The ones I know work on stuff that is so

> unbelieveably tedious and boring that they're happy to

> READ A WELL CONSTRUCTED GAME DESIGN DOCUMENT for you

> and offer a non-binding opinion before spending money

> authoring foolish claims.

> 

> Admittedly, because of my licensed software and music 

> entertainment background, I think patents, copyrights and 

> trademarks "make the world go 'round."  The EFF is not 

> buttering MY bread.  There's a great book on the subject by 

> Pat Choate called "Hot Property: The Stealing of Ideas in the 

> Age of Globalization".

> 

> Don't get ripped-off.  It's a bitter pill to swallow

> when it happens, and it happens plenty.

> 

> John Viguerie

> Character Media

> 

> 

> 

> 

> 

> 

> 

> --- Milt Michael <miltmich at telus.net> wrote:

> 

> > Ron,

> > 

> > My purpose for patenting is to add value for

> > investors.

> > 

> > I don't see how it stifles creativity (other than

> > the time it takes), in

> > fact the process of explaining how your game is an improvement over 

> > previous games is a good exercise.

> > 

> > I just hope the lawyers don't make more money than

> > developers :)

> > 

> > Milt

> > 

> > 

> > 

> > -----Original Message-----

> > From: casual_games-bounces at igda.org 

> > [mailto:casual_games-bounces at igda.org]

> > On Behalf Of Ron

> > Sent: Friday, February 09, 2007 2:46 PM

> > To: IGDA Casual Games SIG Mailing List

> > Subject: Re: [casual_games] Gameplay patents

> > 

> > I think game play patents will be the death of

> > creativity.  Are you

> > going to start suing members of this list?  I know

> > that comment sounds 

> > flippant, but it's a serious one that you should be

> > prepared to answer 

> > and feel OK about.

> > 

> > Ron

> > 

> > 

> > Milt Michael wrote:

> > > Although I'm no expert on patents, I am going

> > forward with a patent

> > > application for my game because I feel it contains

> > new processes and

> > > formulas that improve gameplay.

> > > 

> > > I'd sure like to hear from others who have gone

> > down this road though!

> > > 

> > > Milt

> > > 

> > > -----Original Message-----

> > > From: casual_games-bounces at igda.org

> > [mailto:casual_games-bounces at igda.org]

> > > On Behalf Of Jose Marin

> > > Sent: Friday, February 09, 2007 7:24 AM

> > > To: casual_games at igda.org

> > > Subject: [casual_games] Gameplay patents

> > > 

> > > 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.

> > > 

> > > __________________________________________________

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