Patent, trademark, or copywrite...Which do I use to protect a game I came up with? And How to do it?

[masmdu]

So I have what I think is a good idea for a card game that uses its own special deck (not a typical deck of playing cards) and I want to protect the idea before I get the cards printed up and try and shop it around.

How do I protect idea?

Thanks for any replies.

[1corona4u]

1. It depends...

but you can do a service mark, if you have a tagline, a trademark for the art/concept, and a patent for the specific theme, as long as there isn't one already.

Read this;

http://www.uspto.gov/web/offices/pac/doc/general/whatis.htm

[matt819]

9. 1corona4u is correct

Service mark the name you want for your game and whatever other names you might want to remain unique to you. The cost is $275, and the link to uspto.gov will walk you through the steps. This site will also provide more info on the difference between service mark and trademark.

I believe that copyright is pretty much inherent in anything you produce. However, it's not a bad idea to include (c) on any documentation connected with your game, your website, etc.

Patent is tougher, and my recommendation would be to have at least an initial consultation with a patent attorney. It's money well spent, will save you money in the long run, and help you focus on the parts of your idea that you can protect.

The value of any of these protections is largely subject to how far you are willing to go to defend them. I've seen photos from my website turn up on other websites (which prompted me to start digitally watermarking my images), and I've seen my text show up on websites and blogs. It's not worth the time, trouble, and money to defend it now. Maybe later. In the meantime, I fall back on the idea of imitation being the sincerest form of flattery.

[DS1]

2. It's copyright

and that's not my answer, just a correction

[NJGeek]

3. Patent inventions, copyright creations, trademark brands

"Even being new, useful, and non-obvious will not allow a person to obtain a patent if the subject matter is not within that allowed by the patent statute. The patent statute allows patents on any process, machine, manufacture or composition of matter, and any new and useful improvement thereof. For instance, algorithms or other pure mathematical or scientific concepts are not patentable. These concepts need to be put into direct tangible applications to be eligible for patent protection."

-- from http://www.gamasutra.com/view/feature/1425/patent_strategy_in_the_game_.php?page=2

I work with a major media company that licenses card games. There are SOME games that do have patents, so you may want to go down that route. However, patents are VERY expensive (be prepared to spend at least $20,000).

With this in mind, I'd get a strongly worded Non-Disclosure Agreement drafted, go ahead with your designs, and shop it to only trusted companies that will honor an NDA. If there is interest, then you may want to go ahead and consult a patent attorney before you move to the next steps in your process.

[NJGeek]

5. example of patented card game: http://chaoticgame.com (See footer)

[demokatgurrl]

4. With some caveats

namely, my specialty is patents and this advice is worth what you're paying me- I think you may be able to use at least patent and trademark. If you give the game a name, and it is a name that does not immediately tell you what the game is (e.g., ShockAndAwe), you can probably get a trademark. If you choose to do that, start using the name in connection with the game as soon as you even tell anyone about it. Once you are granted a registered trademark, it lasts for as long as you protect it. For example, stop other people from using the same trademark in connection with any card game.

You may be able to get a copyright on rules or strategy- easier if it's written in a unique way. Copyright protection lasts a long time, I believe 50 or 100 years after the death of the copyright owner.

As for patents, now that a patent has been issued to someone on a game to play with a cat using a laser.... just about anything is worth applying for a patent on. If you get a patent, it lasts for 20 years from the date you apply.

This kind of legal protection can be expensive if you use an attorney. You can probably file a trademark application in your own, at the US Patent and Trademark office, www.uspto.gov. There are people available for telephone help. You may be able to file a patent application on your own but that's tougher. I'd steer clear of non-attorneys offering "services"- they may be illegaly practicing law without a license and other issues can happen i.e. you could get ripped off.

In Philly, we have an organization called Philadelphia Volunteer Lawyers for the Arts. They provide pro bono representation for creative people who cannot afford a lawyer. If you are nowhere near Philly, I'd still recommend contacting them; they may be able to refer you to a like organization in your locale.

[wtmusic]

6. Get a provisional copyright

Lasts for a year, much cheaper than a full-blown utility patent

I highly recommend the book "Patent It Yourself"

If you have the patience you can save yourself about $2,000

http://www.amazon.com/Patent-Yourself-David-Pressman/dp/1413308546/ref=sr_1_1?ie=UTF8&s=books&qid=1223856498&sr=1-1

[jmowreader]

7. All three, if you can afford it

First, know that neither the United States Patent and Trademark Office (which issues patents and trademarks) nor the United States Copyright Office (which issues copyrights) will protect a "good idea." You have to have a tangible expression of that idea...and in this day and age, it's very easy to get one of those. Lay out the game board (if there is one) in Illustrator and have three copies printed on a wide-format inkjet printer--sign shops, vehicle wrap places and a lot of quick print places have them. Adhere the three copies to sheets of lauan plywood and you've got game boards. You can then have a wrap for the boxes printed on said printer, have sample cards printed on a color laser printer...you can make a nice mockup of the game using today's technology for not very much money.

Once you've done this, you might use all three forms of protection.

The name of the game is the Trademark.

The game itself can be copyrighted. You could copyright the instructions alone, but I'd claim the whole game falls under copyright.

If the game has something sufficiently novel and non-obvious about it that distinguishes it from all other games, you COULD patent it...there are two kinds, Utility and Design (well, there's also a Plant patent but since this isn't a new kind of plant that one doesn't count). Unless you have a LOT of money forget this one--they want $1100 to file for a patent (there's a filing fee, a search fee and an examination fee) then over $1500 to issue the patent. Then there are maintenance fees, and they're very high.

I'd trademark the name, copyright the game and call it good.

[northernlights]

8. copyright

copyright protects ideas as well as writing, visual design, software code, etc. and provisional copyright is free. Simply claim it on the cards with the standard copyright symbol, year and your name.