0

I made a board game is it possible to obtain a patent or any other forms of exclusive rights to intellectual property?

My board game is like chess and some deep, but I don't know whether we will make money or not.

1
  • 1
    FYI, a patent is a form of intellectual property along with copyright, trademark and trade secrets.
    – Eric S
    Feb 7 at 13:44
0

This is very difficult to answer. Patents cost money. You could possibly write and pursue a patent without the help of a patent attorney or agent and save some money. But in truth it is very hard to get an effective patent without professional help. You can search for similar patents on Google Patents or The Lens to get an idea of what such patents look like. Also, it isn't beyond possible that your game might infringe on someone else's patent. If you find a patent that seems relevant you could ask a question here about how to interpret it. Other forms of intellectual property are off topic for this site, but both copyright and trademark are available to you and easier to obtain.

0

There is a USPTO department (Art Units 3714 and 3715) of examiners dedicated to things like board games but ever since the Alice decision it has been very hard to get and keep a board game patent. Before that SCOTUS case these patents were readily issued for inventions that were novel and not obvious. Now it is very easy for an examiner to say a claim is "abstract" - now very frequently the magic word that kills an application.

The specific reason given is often that your claim is "certain method of arranging human activities" even though the Alice ruling does not make it clear what that that means or when it is applicable as a reason to call something abstract. One law firm has a web page called Alice Watch that keeps track of what cases have been won and lost on abstractness at the PTAB, Federal Circuit, and district courts since Alice. You can read the rulings for cases that both lost and the much, much fewer that won. I am responsible for one of the PTAB appeals that lost. You can put in a keyword like "game" to cut down the display to relevant cases.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.