How to Patent a Game
If you've got a great idea for a new game, obtaining a patent should be your first goal. Without patent protection, another inventor may independently come up with a very similar idea, beating you to the punch. An even more dreaded possibility is outright theft of your idea: If you're not legally protected, shopping your game around can be dangerous, as an unethical company or individual could copy the idea and you'd have little legal evidence that the concept was yours.
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Things You'll Need
- Game description
- Game specifications
- Sketches or digital images of the game
- Working prototype
Instructions
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Go to the U.S. Patent and Trademark Office's patent database page (see Resources) and search for existing patents similar to your idea. This is important because you do not want to go through the patent process and pay the required fees only to find that somebody else has already patented your idea. If a very similar patent already exists, contact the Patent Assistance Center housed within the Investors Assistance Center at (800) 786-9199 or (571) 272-1000 for guidance in determining whether your idea infringes on the previous patent.
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Review the U.S. Patent and Trademark Office's tutorial for filing a new patent application (see Resources). While the tutorial outlines many considerations, the basic requirements for most patents include a product description, specifications, images and, if feasible, a prototype.
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Write a product description that covers all possible applications of your game, thereby ensuring the most complete patent protection possible. The description is a good place to cover the intended usage and nontechnical details of the game.
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Draft game specifications. For a board game, this would include the board size, official game rules, coloring, materials, accompanying instruction manuals or any other specific details that make the game unique. For a video game, specify the basic coding for the program, in-game level ideas, the intended gaming platform, the game's plot and any other details that distinguish the game from competing video games.
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Create several detailed drawings or digital images of your game. This could include a rough sketch of your board game, or for a video game you'd want to include concept art and some rough digital imagery from within the proposed game.
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Create a prototype whenever possible to help solidify the specifics of your game and further assure a successful patent application. For a board game, you can create a working model using low-cost cardboard and paper products. Though this prototype will be very rough, it will give the patent office an idea of what the game will look like. Prototypes of video games are more difficult to create. The complete game can take months or even years, and you need patent protection to make sure your idea remains secure during this time. Therefore, for video games, a beta demo of the game typically works well as a prototype.
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Visit the EFS-Web service (see Resources) when you've gathered the necessary written and visual documentation of your game, including a prototype if possible. EFS-Web, a service of the U.S. Patent and Trademark Office, makes it relatively simple for anyone to "file patent applications and documents without downloading special software or changing document preparation tools and processes," a modern convenience to a patent system that once required hard-copy paperwork and expensive postage.
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File your patent application electronically with EFS-Web and pay any necessary fees online. During the application, you'll also be able to specify any prototypes or other physical elements you intend to mail separately to the patent office.
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