[casual_games] Gameplay patents

[Adultswim Games]

I'm sure the TimeWarner Legal Dept would be all for patenting anything patentable.  As you said, they would likely see it as risk management.  But trying to say that Mario should have patented the Platformer mechanic is just ludicrous.  Then all we'd end up with is Mario games.  

As for our Product Submission Agreement, that's something that's supposed to protect both parties from malfeasance during the initial pitch phase.  Signing one signifies absolutely zero exchange of ownership.  

I think IP ownership is a different story, and while not patentable either, should be vigorously protected.  But slapping patents on things like game play is, as someone said earlier, much like slapping a patent on a movie so it can be the only franchise to do a "buddy cop" film.  Just ridiculous.  



-----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 2:03 PM
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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