how to hire a game board patent attorney

Keep detailed documentation that includes drawings and rules for the game. Build a prototype. Conduct a patent search to verify no patent is already in the same field. Fill out and file the United States Patent and Trademark Office's patent application.

Full Answer

How do I get a game patented?

Aug 23, 2021 · get in the Game. Starting a business is not required! My Strategy-Sell the Benefit Before the Product! ... Hire attorney or patent agent. Write Your PPA for U.S. A drawing is worth a thousand words. If you plan to file internationally, then a patent attorney should draft at least one "claim". Include Drawings!

Can board games be patented?

Often, attorneys simply quote the cost for drafting the application without the argument costs, government fees, etc. It is typical for an attorney to say it will be $10K for your patent, but they are forgetting the $2K government fee for filing, $4K per round of argument, annuity fees of $7-13K, etc. A more honest answer is $30-40K spread over ...

Can I copyright a board game?

To receive a patent on your board game invention, you'll need to file a patent application with the United States Patent and Trademark Office (USPTO). First, to avoid rejection due to similar, existing works, search the USPTO database. An inventor who applies for a utility patent files a written description and drawings with the USPTO.

Who invented the game board?

May 02, 2018 · Thus, board games and card games and the rule sets that govern them have long been eligible for patent protection. In fact, there are board game patents dating back more than a century. For instance, Patent No. 748,626 was granted to Lizzie J. Magie in 1904, for a creation titled “Game-Board.” Magie describes the game thusly:

How much does it cost to patent a board game?

A patent can cost about $900 if you do it yourself without legal help. This includes the filing fee, search fee and review fee. With legal help, it can cost $7000+ to file a patent for a board game.

Can you get a patent for a board game?

To receive a patent on your board game invention, you'll need to file a patent application with the United States Patent and Trademark Office (USPTO). ... Today's preferred method is online filing, using forms supplied on the USPTO website. Utility patents last for 20 years and must meet three basic criteria to qualify.

How can I legally protect my board game?

Trademark. A trademark can protect the name and other aspects of a board game. Trademarks serve to identify the source of a particular product or service and to distinguish the products of one seller from those of others in the marketplace.

What is a poor man's patent?

The theory behind the “poor man's patent” is that, by describing your invention in writing and mailing that documentation to yourself in a sealed envelope via certified mail (or other proof-of-delivery mail), the sealed envelope and its contents could be used against others to establish the date that the invention was ...Oct 13, 2019

Should I patent My board game?

A patent covers an “invention,” a broad category covering both physical objects and more abstract methods. Patents definitely cover processes, and since board games are at an innermost level processes for entertainment, they are eminently patentable, so long as they meet the general requirements for patentability.

Can you make money from a board game?

A successful board game business can make tens or hundreds of thousands of dollars. If a game sells for $30 per copy, selling just 1,000 games would generate a revenue of $30,000. In some cases, businesses are much more successful than this. One board game raised over $12 million on Kickstarter.Jan 16, 2022

How does anti monopoly work?

Instead of real estate and public utilities, properties in Anti-Monopoly are individual businesses that have been brought under single ownership. Players take the role of federal case workers bringing indictments against each monopolised business in an attempt to return the state of the board to a free market system.

Can you copy a board game?

You can actually copy most games. Game mechanics and the process for playing a game cannot be copyrighted. The actual art on the board, the shape of the pieces, the text in the rulebook; those can all be protected. But the game itself is considered an "idea" and you can create your own version.

Is Monopoly patented?

On December 31, 1935, the now ubiquitous winner-take-all board game Monopoly was patented (Patent Number 2,026,082). Since that day, it has been translated into 37 languages and evolved into over 200 licensed and localized editions for 103 countries across the world.

Can I get a patent for free?

The USPTO also supports two programs that provide free legal assistance in the form of patent application preparation, filing, and prosecution services to inventors who cannot afford an attorney or agent. ... The Patent Pro Bono Program attempts to match inventors with registered patent agents or patent attorneys.Mar 1, 2018

What are the 3 types of patents?

There are three types of patents - Utility, Design, and Plant. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.Jan 31, 2019

How do you pitch an idea to a company without it being stolen?

You can sell an idea to a company without a patent. You need a way to stop them from stealing the idea from you. One way to do that without a patent is with a nondisclosure agreement, aka NDA. The NDA would limit the company's ability to use your idea without paying you for it.Aug 13, 2019

Why hire a patent attorney?

So, you want to hire a patent attorney to protect your new innovation. It could be for AI, Blockchain, Machine learning, IoT, or some other cutting edge technology that you are developing.

How many patents were filed in 2015?

According to US Patents and Trademark office 629,647 total patent applications filed in the year 2015. On average, about two thirds of those applications will issue eventually, but the likelihood of receiving a patent varies wildly with certain technologies having only a 10% chance of success.

How long does a patent last?

Patent rights last for up to 20 years from the date the idea was first filed. And it could be 3 or more years before a patent is granted. Given such long time frames, it is in your best interests to ask your patent attorney to give a ballpark estimate of the costs that you would incur during this entire period.

What is a board game patent?

Board Game Patents. A board game patent is a legal protection for a board game used to help prevent others from profiting illicitly from your work. By patenting your game, you make it illegal for others to simply resell your idea under their own label without seeking your permission. Along with copyright and trademark, ...

How to prepare a patent application?

When preparing a patent application, you'll need to include several elements. First, you'll need an abstract to sum up what the game is. In this section, you'll want to give a brief description of the game itself, both in rules terms and physical terms.

Can you copyright a board game?

Copyrights and Board Games. In stark contrast to the usefulness of patents in protecting a game, copyrights provide almost no protection for a board game. While you can set forward designed elements of the game as trademarked brand identity, a copyright cannot apply to a system.

What is the obviousness test?

The obviousness test requires a game to not simply serve as a slight variant on something already on the market. Adding on a slight mechanical or thematic twist to an existing property isn't a very useful change, and patent protections intended to encourage inventiveness, will not apply in those cases.

What is a patent?

Along with copyright and trademark, the patent is one of the major protections for original work used by creators. Of the three major protective instruments, the patent is arguably the most difficult to grasp. A patent covers an “invention,” a broad category covering both physical objects and more abstract methods.

How to patent a game?

An application for a game patent has several key elements, including: 1 The name of the game: Title your work within a few descriptive words. "Ailerons: A Game About Learning to Fly" is a straightforward, succinct title for a patent. 2 A detailed description: Explain and describe your board game with care and in detail. 3 Drawings, with a brief description of the drawings: Prepare detailed, understandable illustrations of the game. Have a designer work with you to supply professional illustrations of the moves (Fig. 1, 2, etc .), with key features enlarged as necessary to make them clear. Explain the uniqueness of your game through every aspect with a brief description of the drawings. 4 Alternative game modes: Devise variations on the rules so that players can accelerate or vary the game. This can prevent another gamer from thinking up an alternative version of your game and applying for rights to it. 5 Application fees: The current fee schedule appears at the USPTO website. Be aware that the maintenance fees for successful patent applications raise the overall costs.

How long does a utility patent last?

Utility patents last for 20 years and must meet three basic criteria to qualify. 1. Originality. Your game must be novel, meaning it cannot replicate prior work. Study available games and explain the prior state of the art in writing, as a backdrop for the uniqueness of your own invention.

What is provisional patent?

A provisional patent application is a simpler way to start marketing an invention. The application comprises a cover sheet, a description, and detailed illustrations. Once submitted, it allows its author to call the concept "patent pending."

What is a twister?

Twister is the simpler of these games. There are two game elements, a large mat with a grid of colored circles, and a specially designed spinner indicating a combination of color and left/right hand/foot. Each time the spinner is spun, players place the indicated limb on an open circle of that color.

What is a kerplunk?

KerPlunk, another game marketed to children, involves a plastic tube into which dozens of plastic sticks are inserted through holes in the cylinder’s middle, creating a ‘nest’ onto which a handful of marbles are placed .

What are some examples of games?

Examples of the Most Iconic and Patented Games 1 Monopoly — Patent issued in 1935 2 Rubik's Cube — Patent granted in 1983 3 Battleship — Patented in 1935 under the title “Game Board” 4 Rock'em Sock'em Robots — Patented in 1966 5 Twister — Patented in 1969 6 Simon — Patented in 1979

What are some examples of games that have been patented?

Examples of the Most Iconic and Patented Games. Here is a look at some of the most iconic games which had patents issued. Monopoly — Patent issued in 1935. Rubik's Cube — Patent granted in 1983. Battleship — Patented in 1935 under the title “Game Board”. Rock'em Sock'em Robots — Patented in 1966.

How long does it take to get a patent?

You can opt to file a regular application, which is expensive and takes three years or file a provisional one which is cheaper and easier. However, you still have to file a full patent application at some point. The provisional one gives you ...

Can you patent a game idea?

If you're wondering how to patent a game, the first thing you need to know is that you can't patent a game idea, just like you cannot copyright an idea for a book. Some gaming developers, both the computer and board games inventors, have made significant income from their inventions, but it's not necessarily the norm.

Why is uniqueness important?

Uniqueness is important as is commercial viability. Remember, just because you don't see a game in the stores or online, it does not mean the game never existed. This is where the prior art search is important because you can learn whether someone else has ever published or spoken about the same topic.

What to keep in mind when patenting a game?

There are some things to keep in mind with patents for games. One thing is how to prevent your game from being stolen. You don't necessarily need to worry about theft until you have created something worth stealing. A game in the earliest stages of design is not very valuable.

Board Game Patents

• A board game patent is a legal protection for a board game used to help prevent others from profiting illicitly from your work. By patenting your game, you make it illegal for others to simply resell your idea under their own label without seeking your permission. Along with copyright and trademark, the patent is one of the major protections for original work used by creators. Of the t…

See more on upcounsel.com

What Do You Need

Design Patents

Copyrights and Board Games

The Application