Expert: Nyall Engfield - 3/11/2009

Question
I have invented a card game which includes only the invented cards and the rules. To protect the card game, that is, the cards themselves, and the rules, do I need to patent the game or would registering a copyright and trademark suffice? Thanks.

Answer
Copyright would protect the expression contained in the cards - specifically, what is printed on them. It allows you, as the creator, control over the copying of that expression by others. Copyright comes about automatically when you create an original work.

Trademark law would protect the word, symbol or design under which the card game is sold or marketed, and is used to differentiate your wares from others in the marketplace. This is something you would consider when you are ready to market the product and have already perfected the cards and gameplay.

If your method of playing the game (the rules) is new and non-obvious, based on other games in the public domain, then you could apply for a patent. A granted patent on a card game would give you control over games that are played in a certain way, which is specified in the patent. It would allow you to prevent others from producing a game which is played in the same manner but with different cards, for instance.

I would advise consulting an intellectual property lawyer to determine which sort of protection would be right for you and your product.