I am having an idea related with a game, and I'd like to get it patented.

I am a resident from India. If I patent this gaming idea in my country, would it be valid in an international level, so that only me or the third party I assign can organise this event or should I apply for another patent, that is valid at an International Level?

I would also like to know, if it is possible in the opposite way. Like, if I get a patent at an International level, would I need to take another patent for the same in my country.


You don't say what sort of a game it is -- software based or non-software based, which is a consideration.

But for either option, the European and Chinese patent offices will only allow patents that have a "technical aspect to them" -- that is solve a technical problem. The US patent rules are presently up in the air, but seem to also be going in this direction as well.

So if you are software based, and have to do something tricky with the machine or user interface to make the game work well, there may be a chance that you can get patents. Otherwise getting patents in many countries may be difficult.

There are other options, however. Consider design patents if your game has interesting artistic pieces or user interfaces. Trademarks and copyrights may also be useful.

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  • Good answer. The EPO website actually states a requirement that the invention must be "capable of industrial application - that is, it is physically possible to make the invention." It's a very limited and incorrect viewpoint, imo, in that games represent tangible products, even in electronic form, but them's the rules. (Justice and the law are not always synonymous;) – DukeZhou Nov 29 '17 at 1:16

I am a Japanese patent attorney, but your question can be generalized as Q1 "Can one exclude others from making, using and so forth in other country as well if you get patent in one country?" and Q2 "Can one exclude others from making, using and so forth in one country if you get 'international patent'?"

Answer to Q1 -- No. You need to patent your invention in country(ies) independently and separately where you want to exclude others who reside and do business therein.

Answer to Q2 -- I cannot answer, because there is no "international patent." We only have independent patent in each country. There is PCT concept and Paris Convention, but they do not allow us to take one "international patent." They only make your life easier in the process of acquiring "bundle" of independent individual patents in some of the countries.

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  • Good answer. Can I ask, are game mechanics patentable in Japan? Software implementations of game mechanics (such as Tetris.) I'll definitely ask as a formal question if you are interested in answering. I have a pending PCT application, and need to determine if it worth undertaking the expense to formally file in Japan. – DukeZhou Nov 29 '17 at 1:17

India does not recognize game patents. (This is coming from my patent attorney, who specializes in games.) If requested, I can try to dig up the India guidelines.

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