Should I Patent the Game Mechanics or Game Design?

Can You Patent Game Mechanics or Game Design? A Guide for Aspiring Inventors

As the gaming industry continues to thrive, inventors and game developers are increasingly exploring ways to protect their unique creations. Whether you’re building a physical board game or developing the latest mobile gaming app, the question often arises: Can game mechanics and game design be patented? In this guide, JD Houvener, patent attorney and author of Bold Ideas: The Inventor’s Guide to Patents, shares insights on how patent protection applies to the gaming world and outlines the steps to determine if a patent is right for your game.

Understanding Patent Protection in Gaming

With over a decade of experience in patent law, Houvener has helped thousands of inventors secure nearly 500 patents. His expertise is invaluable for anyone looking to protect either the mechanics or design of a game. The answer to whether you can patent these aspects is a resounding yes, but it’s essential to understand what each patent covers and how to assess if your game qualifies.

1. Game Mechanics Patents: Protecting How a Game Works

Game mechanics refer to the underlying process and rules of how a game functions. This includes how players interact, the steps they take, and any unique sequences that define the gameplay experience. For instance, consider the turn-based nature of Monopoly or the strategic structure of Settlers of Catan. These mechanics can be the basis for a patent if they meet certain criteria.

To patent game mechanics, your invention must be:

• Novel: It needs to be a unique concept that has not been previously patented or publicly disclosed.
• Non-Obvious: The game mechanics should not be an obvious improvement or modification of existing games.

Key Consideration: Detectability One of the most crucial factors to evaluate is detectability. Once you secure a patent, can you easily identify if another game maker is infringing on your mechanics? Detectability is often straightforward if the rules and steps are public, but it can be challenging if the mechanics occur behind the scenes, such as within software code or through player actions not explicitly stated in the rules.

For inventors working on mobile or online games, ensuring the mechanics are visible to players can enhance the strength of a patent. If the gameplay is hidden or only visible to the software, it may be difficult to prove infringement. Before you file a patent application, consider whether the mechanics are publicly detectable.

Explore more about game mechanics and patentability here.

2. Game Design Patents: Protecting the Visuals and Interface

While game mechanics involve the “how” of a game, game design focuses on the “what”—the visuals and user interface elements that create the game’s look and feel. Game design patents protect:

• The shapes and features of characters
• The layout of a game board
• Graphical interfaces or interactive elements within a software app

For example, if your game has a distinctive board design or character style, a design patent can help safeguard these visual aspects. Just as with mechanics, detectability is vital. In design cases, however, infringement is often easier to spot, especially for physical elements like game boards or recognizable character designs.

Learn more about protecting your game’s visual design.

3. Steps to Determine if a Patent is Right for Your Game

If you’re considering patenting aspects of your game, follow these steps to assess your options:

• Step 1: Conduct a Novelty Search Search existing patents to ensure your game mechanics or design are unique. Bold Patents offers resources for patent searches to help identify similar ideas.
• Step 2: Consult a Patent Attorney It’s beneficial to consult with an attorney who specializes in intellectual property. They can help you evaluate your invention, focusing on its novelty, detectability, and market potential.
• Step 3: Assess Your Market Strategy Decide whether you want to patent just the mechanics, just the design, or both. For instance, if your game’s success relies heavily on a unique gameplay style, consider a mechanics patent. If the visual elements are key to your brand, a design patent might be the priority.

For a detailed guide on patent application processes, refer to Bold Patents’ patent application resources.

4. Game Patent Pitfalls to Avoid

While patents offer protection, not all elements of a game can be patented, and there are common pitfalls to avoid:

• Complex Mechanics: If your game involves complex interactions or hidden steps that aren’t apparent to users, proving infringement may be difficult. Simplicity in mechanics often works in favor of patenting.
• Digital Elements Only: Mechanics embedded solely in the software’s code are harder to protect through patents. Elements that are visible or accessible to the end user stand a better chance in a patent application.
• Lack of Detectability: Without visible mechanics or designs, proving another party has copied your work becomes challenging, potentially reducing the patent’s enforceability.

Call to Action

Protecting your gaming invention doesn’t have to be a guessing game. With expert guidance and the right strategy, you can maximize the chances of a successful patent application. Whether you’re looking to patent game mechanics, game design, or both, Bold Patents can help.

For more information and a deeper understanding of the patenting process, download Bold Patents’ Inventor’s Kit, which includes a full PDF of Bold Ideas, patent search options, and drafting insights to get started on your journey.

Ready to take the next step? Book a free discovery call with Bold Patents today and protect your bold ideas!