How do I protect my video game idea?

Trademarking a game name is the primary way to protect it. The best way to trademark a game name is to apply for a federally registered trademark with the U.S. Patent and Trademark Office (USPTO). The USPTO registers trademarks, including game trademarks.

Can I patent an idea for a video game?

Mental processes cannot be patented. The rules of a game cannot be patented (unless there is a sufficiently inventive concept to “transform” the rules into patent-eligible subject matter … but what does that even mean?).

Can you trademark a game idea?

Copyright law does not protect the idea for a game, its name or title, or the method or methods for playing it. Nor does copyright protect any idea, system, method, device, or trademark material involved in developing, merchandising, or playing a game.

How do I protect my copyrighted game?

You don't need to do anything to have copyright protection, because it is an automatic right and arises as soon as you have created something substantive. So, as long as the work is original and does not use another person's copyright, certain parts of a video game will automatically have copyright protection.

How much does it cost to patent a game?

For an individual, however, the costs will vary considerably depending on the complexity of the game, the number of claims, and the complexity of the invention. A simple invention can cost as little as $3,000, while a more complex invention can cost as much as $7000.

How to protect a board game idea! *Board Game design*

How much does it cost to trademark a game?

Filing the registration for your trademark usually costs about $1,000. That includes both the government filing fees and attorneys' fees. You can register a trademark for your game title, the logo, your studio's name, and any slogans you use to market your game.

How much does a patent cost?

A patent attorney will usually charge between $8,000 and $10,000 for a patent application, but the cost can be higher. In most cases, you should budget between $15,000 and $20,000 to complete the patenting process for your invention. Previous: Why should you file a patent application?

Can you patent or trademark an idea?

Under U.S. law, you cannot patent an idea. Understanding how the law differentiates ideas from inventions is a great way to learn some of the core tenants of patent law. by Joe Runge, Esq. The simple answer is no—you cannot patent an idea for an invention.

Are gameplay games patentable?

However, gameplay elements of a video game are generally ineligible for copyright; gameplay concepts fall into the idea–expression distinction that had been codified in the Copyright Act of 1976, in that copyright cannot be used to protect ideas, but only the expression of those ideas.

How long do game patents last?

If granted, a patent lasts for 20 years from the date of application. However, identifying the unique attributes of a game can be difficult, and the cost of obtaining patent protection and policing one's patent can be prohibitive.

How do I sell a board game idea?

You can sell it through a website like ours, list your game on Amazon, or reach out to local game stores and see if they would sell your product. You can also reach out to distributors and see if they'll carry your game and sell it to stores for you.

How long does copyright last for video games?

As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.

How do I protect my idea from being stolen?

How do I protect my idea without a patent?

If you determine that the invention is probably not patentable, the most effective way to protect yourself is to have prospective licensees sign a nondisclosure agreement before you reveal your invention. This document is sometimes called an "NDA" or a "confidentiality agreement," but the terms are similar.

What is a poor man's patent?

A poor man's patent is essentially writing out a description of your invention and then mailing that written description to yourself. This postmarked envelope supposedly acts to create the date of your invention as the date this written description was postmarked.

What is the cheapest way to patent an idea?

A provisional patent application is considered a cheaper, short-term approach to patent protection. A provisional patent application expires 12 months after its filing. It gives the applicant a one-year period to compile the data necessary to file a non-provisional patent.

How much do patented ideas sell for?

Any sale of a patent will be roughly between US$ 10,000 and US$150,000 depending on the patent, the analysis already done by the seller, the market, the strength of the patents etc. This is however a very rough and many times inaccurate estimate as circumstances of a sale vary.

Are patents worth the cost?

2. Is it worth patenting my invention? There is no point in paying to patent your invention unless it is commercially viable. You must also be prepared to enforce your rights (by discovering and proving any infringement) which might risk the expense and uncertainty of litigation.

Is trademark cheaper than patent?

Filing for a trademark does come with a cost, although it's cheaper than filing for a patent.

How do I sell my own game?

Where can I sell games online? You can sell games online from your own store built with a platform like Shopify, on third-party marketplaces like Amazon and eBay, on niche websites like Swappa and Decluttr, and on social media, and via wholesale.

What is the difference between copyright and a trademark?

Copyrights primarily protect the rights of people who create literary, dramatic, musical, artistic, and certain other intellectual works (like history tests, and software code). Trademarks protect the use of a company's name and its product names, brand identity (like logos) and slogans.

Can someone steal my idea if I have a patent pending?

Since a provisional patent application only provides “patent pending” and is not a granted patent, a provisional patent application does not provide any legal protection from someone copying your invention (i.e. you cannot sue a third-party for patent infringement with just a provisional patent application pending at ...

Can you sue someone for stealing your idea without a patent?

Under US Copyright law, you cannot sue if someone stole your idea. Copyright law does not protect ideas. It only protects the expression of that idea. So the first thing you need to do is to fix your work in a tangible medium of expression (e.g., saving your work in Microsoft Word).

Can patent attorney steal your idea?

However, patent lawyers are bound by ethics and professional responsibility requirements. Stealing an idea would be a serious breach of duty for a lawyer that can expose him or her to punishments from the bar, and the original inventor would likely be able to sue for theft.

Will Mario become public domain?

US Copyright Law

In the case of a corporation such as Nintendo, the term of copyright is for the shorter of 120 years from creation or 95 years from publication. In this instance, Nintendo hold copyright over the game, and therefore Mario himself, until 2080.