The patent right is essentially intended to create legal protection for an idea, is this legal right suitable for the protection of board games?
In most countries of the world, it is not possible to protect a board game with a patent, as long as there is no innovative technological idea at the base of the game. In the United States, however, there is no requirement to be an invention in a technological field. The US Patent Office grants patents, among other things, on detailed processes, which also include board games.
In this article we will focus on patent protection, we will examine what a patent is, what are the requirements for patenting a board game in the United States and we will give several examples in relation to well-known games that have been registered as a patent in the United States.
What is a patent?
A patent is an intellectual property right designed to protect an idea expressed in an invention.
Under US patent law, registering a patent in the United States gives its owner the right to prevent others from making, using, offering for sale, or selling the invention within the United States or importing the invention into the United States. Generally, the term of protection for a new patent is 20 years from the date the patent application was filed in the United States (or, in special cases, from the date a prior related application was filed), subject to payment of a renewal fee.
According to the patent law in the United States, any person who has invented or discovered any new and useful process, machine, production or compound, or any new and useful improvement thereof, may receive a patent, subject to certain requirements and conditions. The word “process” is defined by law as a process, action or method, and mainly includes industrial or technical processes.
Patent registration of a board game in the United States
As mentioned, a patent gives its owner the right to prevent others from using the invention registered as a patent. In the case of a board game, a patent will allow its owner to prevent others from marketing a game that uses the game mechanics protected by the patent.
According to the American patent law, for an invention to be eligible for registration as a patent, it must be new, useful and non-obvious (inventive progress).
The novelty requirement ensures that the box game is not copied from another game. That is, the game must be unique and original.
In order for a board game to be considered useful, it must have some educational or entertainment value. Since most arcade games are designed to at least entertain the player, this requirement is usually met.
The requirement that the game not be obvious refers to the fact that the game cannot be an obvious version of a familiar game or a combination of familiar games.
In order to patent a board game in the United States, a patent application must be submitted to the United States Patent Office (USPTO). The patent application should include, among others, the following parts:
A summary describing the game.
Details including the rules of the game, unique features of the game, a description of the game board and/or the game tools and any other feature of the game.
The patent claims must be new and inventive. When formulating a claim, a “combination” of features that is unique compared to existing games must be listed.
Drawings of the game board, the game tools and any other unique elements.
For a detailed explanation of the structure of the patent and rules for drafting a patent – see this article.
Well-known board games patented in the United States
Patent for the Monopoly game
Monopoly is one of the most famous board games in the world. Lizzie Magie, the inventor of the Monopoly game, filed for registration her first patent (US748626), entitled “Board game”, in March 1903.
About 20 years later, Lizzie improved the game and filed her second patent (US1509312) entitled “Game Board”.
In 1935, a patent entitled “Board game apparatus” was submitted for registration in the United States with the name of Charles Darrow as the inventor. Claim 1 of the patent described a board game device consisting of a continuous path around the board, and groups of spaces each of which indicates the rental required for the opponent’s piece, with these rentals increasing as the owner purchased more spaces in that group.
The other eight suits added or changed aspects of the game. For example, claim 2 added chance cards and claim 3 added title cards corresponding to spaces, buildings, player tokens, etc. Claims 4-9 specify that the spaces around the board represent real estate locations, railroad tracks, services, opportunity, a welfare fund and penalties. These claims narrow the protection of the invention.
The monopoly of the patent (claim 1) was defined as follows:
In a board game apparatus a board acting as a playing-held having marked spaces constituting a path or course extending about the board, said path aording a continuous track for the purpose of continuity of play, certain’ of said spaces being occupied, by opponent players, of spaces of one or more such groups, which rentals are subject to increase by the acquisition of an additional space or spaces of the same group by the same individual player, thereby making it possible for the possessor to exact greater payments or penalties from any opponent resting or trespassing thereon.
for the full text of the patent.
Today, the strategy for drafting patents is different and a person or company seeking to patent a board game can be less specific when drafting the patent claims in order to avoid limiting the wording that protects the patent.
Patent for the game Twister
Twister is a game of physical skill invented by Charles Foley and Neil Ravens and produced by the Milton Bradley Company and Winning Moves Games USA. The game is played on a large plastic mat that is placed on the floor. On the mattress there are four rows of six large circles, where in each row there are circles of a different color: green, yellow, red and blue. The players are required to spin a spinner that guides them where to place their hand or foot.
In 1966, a patent for the game entitled “Apparatus for playing a game wherein the players constitute the game pieces” was submitted for registration.
Claim 1 of the patent specifies a game tool containing a sheet defining a limited playing area, a plurality of columns of arranged places on said playing area, where the places are sized and spaced to allow different parts of the human anatomy to be placed on different places, the different groups of places are of different colors, a selection device that includes A spinner board bearing marks indicating the various group colors and said parts of the human anatomy and a spinner or dart mounted on a central axis on the board and adapted to spin to select marks indicating a group color and a part of the human anatomy.
The monopoly of the patent (claim 1) was defined as follows:
Game playing apparatus comprising sheet material defining a confined playing area, a plurality of columns of loci delineated on said playing area, the loci being of such size and spacing as to permit the placing of different portions of the human anatomy on different loci, different groups of loci being of different colors, a chance controlled selection device comprising a spinner board bearing indicia designating diflerent group colors and diflerent ones of said portions of the human anatomy and a spinner or pointer pivotally mounted centrally on the board and adapted to be spun and then allowed to come to rest to select indicia designating a color group and a portion of the human anatomy.
For the full text of the patent.
Patent for the game Magic: The Gathering
Magic: The Gathering is a card game invented by Professor Richard Garfield and marketed by Wizards of the Coast. It is a fantasy game that contains a variety of creatures from different mythologies and reference to the acts of sorcerers and wizards.
In 1994, a patent was filed for the game entitled “Trading card game method of play” and in 1997 the patent was granted by the US Patent Office.
The patent claims detail various game elements, but are devoid of reference to the theme of fantasy and magic represented by the game’s artwork.
Claim 1 of the patent specifies a game method in which two or more players participate, which includes the following steps: each player builds his own library on a predetermined number of game components by examining and selecting game components from a pool of game components; Each player receives a predetermined initial number of game components by shuffling the game component library and drawing random game components from the player’s game component library; And each player takes a turn sequentially with other players by drawing, playing and discarding game pieces according to the rules until the end of the game, this phase of taking a turn includes:
making one or more game components from the player’s hand available for play by taking one or more components from the player’s hand and placing the component or components on the playing surface; and-
Activation of one or more of the game components available by:
selecting one or more game elements; and-
Designation of one or more game components brought into play by rotating a component or components from the original orientation to the other direction.
The monopoly of the patent (claim 1) was defined as follows:
A method of playing games involving two or more players, the method being suitable for games having rules for game play that include instructions on drawing, playing, and discarding game components, and a reservoir of multiple copies of a plurality of game components, the method comprising the steps of:
each player constructing their own library of a predetermined number of game components by examining and selecting game components from the reservoir of game components;
each player obtaining an initial hand of a predetermined number of game components by shuffling the library of game components and drawing at random game components from the player’s library of game components; and
each player executing turns in sequence with other players by drawing, playing, and discarding game components in accordance with the rules until the game ends, said step of executing a turn comprises:
(a) making one or more game components from the player’s hand of game components available for play by taking the one or more game components from the player’s hand and placing the one or more game components on a playing surface; and
(b) bringing into play one or more of the available game components by:
(i) selecting one or more game components; and
(ii) designating the one or more game components being brought into play by rotating the one or more game components from an original orientation to a second orientation.
For the full text of the patent.
Article summary
The patent right is intended to legally protect an idea or invention. In most countries, board games cannot be protected by a patent unless they involve an innovative technological idea. However, in the United States, the Patent Office grants patents for detailed processes, including board games. A patent gives the owner the right to prevent others from using, selling, or importing the invention for 20 years from the date the patent application was filed. To patent a board game in the U.S., the game must be new, useful, and non-obvious. The patent application should include a summary of the game, details about the game’s rules and unique features, and drawings of the game board and other unique elements. Famous board games such as Monopoly, Twister, and Magic: The Gathering have been patented in the U.S.
