Expert: George H. Morgan, P.E., Patent Agent - 6/27/2008

Question
QUESTION: My board game uses common game processes (found in amny different games), but in unique combinations and with different designs and with different content on the cards.....is anything here patentable?

I have a copyright on the entire game.  Is there anything else I should do to protect my game?

Also, I don't understand the difference between a visual patent and a copyright on the artwork.

Please help!

ANSWER: Copywriting the game rules, the board design, the card designs, the packaging, maybe a design patent on the board, possibly a utility patent on the game, perhaps a trademark. (Monopoly was an example of a successful game patent)  I would suggest a patent attorney who also does copyrights and trademarks. I only do patents. However, a patent attorney usually does all three areas, and you can find out how much the various ways cost & go with what gives you the most bang for the buck.

Hope that helps.

Best wishes on your project!

George H. Morgan,
Professional Engineer
Patent Agent
web site: http://www.evansville.net/biz/patagent

---------- FOLLOW-UP ----------

QUESTION: What is a utility patent?  I don't understand what part of a game would qualify for a patent and why it would or not.

Answer
A utility patent covers something that is creative, novel, and useful. It is a very broad category that covers many different things. If your board game is original, creative, and not disclosed for more than a year from now, it may be eligible for utility patent coverage. However, your are looking at a ball park figure, for total costs, in the order of $10,000 or higher, so it is usually not practical for first time inventors or for people not already in the toy and game business. That is why I recommended copyright protection. A utility patent is added protection, so for game manufacturers who are very certain they will sell tht product successfully, it is a wise investment. For most of us, that would be quite a gamble.

The book, "Patent It Yourself" by David Pressman, published by Nolo Press, can explain it further. It should be in your local free public library.

I hope that helps. Best wishes on your project.

George H. Morgan
Professional Engineer
Patent Agent