Patent Help

(FYI, taking the < and > marks from around the URLs allowed the BBS software to automatically create links, which I did.)

Why not write and submit a patent yourself? Seems like a waste to spend thousands of dollars on something as straightforward as a game patent when you can do it yourself for just the cost of a small entity filing fee. There are several benefits, beyond obviously saving a ton of money. It really is not hard at all, though maybe a bit time consuming. But unless you have no spare time and want to file ASAP, you can easily spend a couple hours a week on it until you have it complete. The best thing about it is that you'll really benefit from having to articulate what is unique about your game. Just thinking about it at the level of detail required to write your claims will help you down the road. There are tons of game patents at the USPTO website. Just print a few off (ideally ones that are most similar to yours) and replace their info with yours. Patents are not copyrighted, so you can "steal" as much verbage from others to complete your own as you want.

The book "Patent It Yourself" is a great resource. It has step by step instructions and advice (as does the USPTO website). Just be sure you do a thorough patent search (as well as research on existing products that may not have patents) to be sure your idea really is unique and non-obvious.

Also, just remember that a patent isn't going to be of any use unless you commercialize your product, and even then, it won't do you any good unless you can afford to sue someone in the unlikely case of infringement. But getting a patent is great for personal fulfillment, giving you a bit more credibility as you do pursue commercialization, and making you a better expert on your own product.

Bill

I'm about to forget all about producing my game due to all the buracracy and costs assiciated with it. We had a production meeting, and the costs of trademarking our name and logo was enough to make us almost forget about it entrely, and might very well end up that way :(.

I'm feeling depressed today.

Hi...

Well. It would be smart to atleast trademark the title of the game no? And if I have no design patents, then anyone could use my gameboard and mass produce it right? If not - why would any game developer ever want a patent or trademark?

Thanks for your insight...

I just wanted to add... People are always so afraid of other people stealing their boardgame ideas, but in reality these things rarely happen. It's like getting an insurance for when your car is hit by a meteor. Sure, it might happen, but the chances are so small that there's no point worrying about it. If I were you I'd spend my time and money on things that make the product a success rather than on all kinds of legal protection.

After posting this (thinking I was the first to respond) I see that the above comments are pretty much the same. Oh-well. At least these independent data points should help you feel more secure that we aren't full of crap... :-)

Well. It would be smart to atleast trademark the title of the game no?

It certainly won't hurt. You can file electronically online and it'll cost $275. Do it by paper and mail, and it is $375. Not a huge expense in the scheme of things (if you do it yourself). But you automatically have trademark rights by being the first to use the mark in commerce. So registering only makes it easier for you to collect bigger damages if you sue an infringer. But it also depends a little on the name you want to trademark. The more unique it is (e.g. "NooBooDooBoo") the less likely anyone will infringe (accidentally or intentionally), so spending the money may not be necessary right now. You can always do it later on. If the name is more "mainstream", then the risk is a bit higher, and getting a trademark makes more sense.

Thanks for your insight...

If the shape or folding style of your board is unique, then a design patent may be worthwhile. If all we are talking about is artwork, then the board is protected by copyright. You could register the copyright if you want for something like $50, but again, all your copyright rights are automatic when you create the artwork, so it isn't really necessary.

A patent would be more valuable when you have a very unique physical mechanism in the game or if the method of play is very novel. I got a patent for my game method for many reasons, and am glad I did.

Obviously, having your copyright or trademark registered gives you the upper hand if you have to go after someone for infringement. It also puts your mark on record so it'll be less likely someone will use it. But your basic rights are unchanged.

Patents are quite a bit different in terms of the rights you have with one versus without. But unless you truly have unique, useful, and non-obvious game apparatus or mechanics that are also universally valuable, a patent probably won't do you much good. Patents cost a bit more. $150 to file one and $700 when one is actually issued (typically 12-18 months later if it is accepted). Then more to "maintain" the patent at various time intervals. All this is on www.uspto.gov.

It is generally a topic of conversation that people new to the industry are vastly more paranoid than actual events in the industry would suggest they ought to be. The chances that a company will risk damaging it's reputation by stealing someone elses intellectual property is pretty slim. And the chance that anyone else will steal another person's ideas AND have the resources and will to commercialize them is pretty slim too.

Bill