How To Patent A Game Idea

You’ve invented a game and you think it’s brilliant. It’s unique and you feel the world is going to love it. So, this is it – it is your key to being a millionaire. Since it is your creation, you want to protect the idea from being stolen and you plan to patent it. But, wait. Can you patent a game?

Whether it is a board game or an app, you can potentially patent a game. The process to patent your game idea is simple. Preparing an application with appropriate claims and drawings, filing it, responding to amendments, etc., are usual requirements to obtain patents. However, filing for a patent requires several considerations, or else you could end up spending a fortune and gain minimal success. Ask yourself these questions before you move forward with the patent process.

How Much Will It Cost?

Patents can be expensive. When estimating the budget to obtain patents, fees must not be the only consideration. You must account for various aspects like the prior art search, agent fees, patent application and issue fees, patent maintenance costs, and potential infringement expenses. While you can do it yourself to save the agent fee, the process will demand a great amount of time and knowledge. When dealing with a sensitive subject like patents, it is highly recommended you seek professional help as it increases your chance of success. Consider all these costs in determining whether or not you are ready to pay the required fees.

Is The Time to Patent The Game Worth It?

Imagine you file for an application today and within a week you have the patent. Such a situation is just a fantasy. In reality, it can take years before you obtain a patent. Most games do not have a long life span. This is especially true for mobile games that usually have a life of a year. Compare the timing of the game industry to that of the time taken to obtain a patent. If the patent is going to take years, but the game will hardly last for a year, then registration may not be worth it. Even if you obtain a patent, you may not be able to profit from it.

Is Your Game Idea Actually Unique?

Novelty, non-obviousness, and functionality are the three main criteria for obtaining patents. Your game idea must be novel and unheard of. It should be commercially viable and also a non-obvious invention to those specializing in the discipline. Just because you do not see the game you invented on store shelves or online stores, doesn’t mean it never existed. Many game ideas do not see the light of day because they fail to pass the novelty aspect. A thorough prior art search will help you discover whether or not your idea has ever been published or spoken about by someone else. Even if you get through this, convincing the examiner (especially in case of software patents) can be a task.

We don’t mean to dissuade you, but understanding these practical aspects can save you from unfortunate circumstances. It is up to you to decide whether or not the idea to patent a game is worth the cost and time requirements. If you are unable to arrive at a decision, connect with a patent agent for guidance.