Expert: Kacey Cahill - 12/13/2008

Question
I have an idea for a video game design that would be
perfect for the Nintendo Wii and I think it would sell big
time ... without actually developing it myself, is there
anyway i can protect the game design idea? what are my
options ... ?

Answer
Hi Ed.  You can get a patent on the game.  You may have to file for a design patent, but I would first try for a straight utility patent.  Please write the application so that it is "useful" and games/toys are useful.  If you wanted to approach Nintendo, I would first file a preliminary application on it (see the uspto.gov website), and then approach them.  Once you file a provisional application, you get one year to file the full (and expensive) application.  This give you time to explore options and marketing, etc.  Other types of protection are the copyright you have in the program if and when you create it. I am suggesting the patent route because you said you do not want to develop it.
If you file for a patent, please keep in mind, the subject matter must qualify for patent protection.  Pure "ideas" do not.  It must be a new, useful, and nonobvious "invention."  
I am trying to be general, because I do not know your specific facts.  This is also not my area (games that is).  
I would be very careful about who I told (and don't tell anyone before you file a provisional application unless under a confidentiality agreement)and DO NOT assume that other people will not steal your idea.  AFTER you file a provisional application, if you want to talk to Nintendo, etc., it is best to have an agreement that states the things you are going to discuss with them are yours.

I hope this helps, and please keep in mind this information is being provided for educational purposes only and is not legal advice.  

Kind Regards,

Kacey Cahill