Introduction
You have come up with an incredible game idea that you believe will captivate the world. It’s innovative, unique, and you envision it becoming a smashing success. Naturally, you want to safeguard your creation from being plagiarized, and the solution seems simple – patent it. But, before you proceed, you may be wondering, can you really patent a game?
Understanding the Process
Whether your game is a board game or a mobile app, it is indeed possible to obtain a patent for a game. However, the patenting process involves several considerations. From preparing a comprehensive application with the appropriate claims and drawings to filing it and responding to any amendments, there are several steps you need to navigate. It’s crucial to recognize these requirements to avoid unnecessary expenses and minimize potential pitfalls. Before embarking on the patent process, ask yourself the following questions:
How Much Will It Cost?
Patenting a game can be a costly endeavor. While it’s essential to factor in the fees associated with obtaining a patent, this is not the only consideration. You must also account for expenses such as prior art searches, agent fees, patent application and issue fees, patent maintenance costs, and even potential infringement expenses. While it is possible to handle the process yourself to save money on agent fees, be aware that it will demand a significant investment of time and knowledge. Considering the complexity and sensitivity of patent matters, seeking professional assistance is highly recommended as it increases your chances of success. Make sure to weigh all these costs when deciding whether you are prepared to pay the required fees.
Is the Time Investment Worth It?
Imagine filing a patent application today and receiving the patent within a week. Unfortunately, such fantasy-like scenarios rarely occur in the real world. In reality, the process of obtaining a patent can take years. This is particularly relevant in the game industry, where the lifespan of most games is relatively short. Mobile games, for instance, often only remain popular for about a year. It’s crucial to compare the timeline for obtaining a patent with the expected lifespan of your game. If the patent process is going to take several years, but your game will likely lose its popularity within a year, it may not be worth pursuing patent registration. Additionally, even if you do obtain a patent, there is no guarantee that you will be able to profit from it. Assess the potential return on investment carefully before committing to the patent process.
Is Your Game Idea Truly Unique?
To obtain a patent, your game idea must meet three primary criteria: novelty, non-obviousness, and functionality. Your game concept must be entirely novel and previously unheard of. It should also possess commercial viability and display a level of inventiveness that is not obvious to experts in the field. Just because you haven’t encountered a game like yours on store shelves or online platforms doesn’t mean it hasn’t already been conceived. Many game ideas never see the light of day because they fail to pass the novelty test. Conducting a thorough prior art search is essential to determine whether your game idea has already been published or discussed by someone else. Even if your idea does meet these criteria, persuading the patent examiner, especially in the case of software patents, can be a challenging task.
Conclusion
We want to emphasize that it is essential to consider these practical aspects before pursuing a game patent. Understanding the associated costs and time requirements can save you from potential disappointment and financial strain. The decision to patent your game ultimately rests with you. If you find it difficult to make a choice, we recommend seeking guidance from a patent agent who can provide expert advice tailored to your specific situation. Remember, protecting your game idea is crucial, but it’s equally important to make informed decisions along the way.
