Inventors often wonder if it is possible to obtain patent protection for games, such as a card game or board game. Patent Office policy holds that “games defined as a set of rules” are not eligible for patent protection. In other words, a method claim that defines nothing more than the rules of a game without requiring anything tangible will likely be deemed unpatentable.
However, unlike the mere rules of a game, the physical components used to play the game may provide a basis for obtaining patent protection. For example, the game pieces, the game board, or any other physical components used to play the game may constitute an “article of manufacture,” which under the patent statute is something that can potentially be patented. In addition, many games include an electronic component that would constitute an “article of manufacture.”
As long as the claims of the patent application include one or more of these physical components, the game may be eligible for a patent, meaning it would not be ruled out as a candidate for patent protection. It is important to remember that the game must be novel and non-obvious to ultimately be granted a patent.
In determining whether a game you invented is patentable, it is advisable to discuss your specific situation with a patent attorney.
Post Date: October 4, 2013
