The world of computer games is evolving at a dizzying pace, both technologically and creatively. Alongside this development, new legal challenges are also emerging, including the question of patent registration for these games.
The field of computer games can be protected by a wide range of patents. These patents can cover many different elements of computer games, including:
- Game mechanics: Rules, processes, and algorithms that define how the game works.
- Graphic elements: Characters, objects, environments, and other visual displays in the game.
- User interface: How the player interacts with the game, including controls and menus.
- Underlying technologies: Software and hardware used to run the game.
It is important to note that patents are not granted for general or abstract ideas. In order for a computer game to be protected by a patent, it must include unique and novel features.
In this article, we will focus on the legal aspects of patent registration for computer games, using case studies: various patents of the company Playtika. We will examine the unique requirements for patent registration in this field, and analyze the legal strategies that Playtika has used to protect its inventions.
In addition, we will provide practical recommendations for entrepreneurs and game developers who are interested in registering patents for their own innovative developments.
Unique Patent Registration Requirements for Computer Games
The field of computer games demands a deep understanding of evolving technologies and the diverse platforms used by players. To protect technological innovations and intellectual property, it is crucial to grasp the unique requirements for patent registration in this domain.
Computer games integrate a range of advanced technologies, including 3D graphics, real-time interactions, sophisticated physics engines, and intelligent game pattern recognition algorithms. These innovations must be deemed patentable if they introduce significant novelty and improvement to the field.
The key requirements for patent registration in the realm of computer games are as follows:
1. Novelty:
All the components of the invention must be novel in the sense that they weren’t published in a single publication. In the context of games, this encompasses unique game mechanics, specialized AI algorithms, and distinctive methods for detecting game patterns.
2. Inventive Step/Non-Obviousness:
The development must constitute technological advancement and not be obvious to experts in the field. For instance, a novel mechanism for detecting anomalies during gameplay is considered technologically progressive if it significantly enhances the ability to identify irregular actions.
3. Industrial Applicability:
In many countries (but not the United States), industrial applicability is a crucial requirement for obtaining a patent. This concept essentially means that the invention described in the patent application must have a practical application within an industrial setting. In simpler terms, the invention should be capable of implementation in existing or new computer games in a tangible manner.
Example with Industrial Applicability: A software algorithm that optimizes traffic flow in a city (resulting in reduced congestion) could be considered industrially applicable.
Example with no Industrial Applicability: A computer program for composing music based on random note generation (the music piece itself might not be considered a concrete result) might have a weaker case for industrial applicability.
Industrial Applicability in the US: The United States, unlike many other countries, does not have an explicit industrial applicability requirement for software patents. This means that software inventions can be patented in the US even if they do not have a direct and tangible application in an industrial setting. However, the software invention must still meet the other patentability requirements, such as novelty, non-obviousness, and usefulness.
Overall: Industrial applicability acts as a filter for software patents in many countries, ensuring that only inventions with practical applications are granted patent protection. However, in the US, software patents can be obtained without explicitly demonstrating industrial applicability, as long as they meet the other patentability criteria.
4. Technical Effect:
Technical effect is a basic requirement for patent registration in the software field in a large number of countries and first and foremost in the European Patent Organization (EPO) in which the requirement is in the most severe standard. It means that the invention should be related to the technical field and solve a real technical problem in the physical world.
What constitutes a “technical effect”? It goes beyond the simple interaction between a program and the computer itself. The software should essentially enable the computer to perform a new function, or improve its performance qualitatively or quantitatively. The software must offer a novelty which has tangible-technical effect, not just manipulate data or perform basic calculations. Focusing on the technical effect during the formulation of the patent is important first and foremost for achieving success in the process of registration in Europe, but can also greatly assist in registering the patent in the rest of the world. Having said that, there are many countries in the world, the most important of which being USA, in which there is no requirement for a technical effect or even for the subject of the patent to be in the technological field.
Example lacking technical effect: A game idea where players score points by answering trivia questions correctly and using points in order to acquire benefits in the game. This idea focuses solely on the game mechanics and the use of trivia questions. Since it doesn’t introduce any new technical functionality for the computer itself, rather it simply utilizes existing functionalities for data storage, processing, and display, it won’t be considered as having a technical effect.
Example with technical effect: A computer program that employs AI natural language processing (NLP) algorithms to dynamically generate new trivia questions based on the player’s previous answers and skill level. The NLP algorithms enable the computer to perform a novel function (dynamic question generation) that was not previously possible with a simple database of pre-defined questions. This application can be considered a technical effect.
It is important to note that focusing on the technical effect in the patent drafting can also greatly assist in the chances of patent registration in the rest of the world.
5. Non-Abstraction:
The patent can not protect an abstract idea but rather a specific technical implementation.
Non-Patentable example (Abstract): A method for sorting data alphabetically (This is a well-known algorithm that doesn’t solve a specific technical problem).
Patentable example (Non-Abstract): A software program that uses a new sorting algorithm to optimize data processing speed on a specific type of computer hardware (This idea demonstrates a technical effect by solving a specific problem for a particular application).
US PATENT – US9098980B2: Mobile Bingo Game with Time Penalty for Missed Marks
Patent US9098980B2, filed by Playtika, describes an innovative method for enhancing the mobile bingo gaming experience by introducing a time penalty mechanism for missed marks. This method incorporates unique features that aim to increase player engagement and challenge while maintaining fair competition among players.
Benefits of the Method
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Enhanced Engagement: The time penalty mechanism adds an element of pressure and excitement to the game, encouraging players to be more alert and attentive.
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Fair Competition: The time penalty prevents players from neglecting to mark numbers, ensuring an equal playing field for all participants.
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Improved Gaming Experience: Integrating the time penalty contributes to a more engaging and dynamic gameplay experience, allowing players to experience the thrill of bingo in a unique way.
Potential Applications
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Mobile Bingo Games: The method can be seamlessly integrated into any existing mobile bingo app, significantly upgrading the gaming experience.
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Multiplayer Games: The method can also be applied to other multiplayer games, such as card games or board games, to add an element of competitiveness and excitement.
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Educational Applications: The method can also be utilized in educational applications to encourage children to learn and practice concepts in an interactive and engaging manner.
Detailed Analysis of Claim 1 (Core of the Patent)
Claim 1 of the patent is formulated as follows:
1. A method for controlling a bingo game using a processor, comprising: receiving by the processor a selection of one or more bingo cards; randomly selecting by the processor a first game number from a predetermined set of game numbers; displaying by the processor the first game number in an active number area on a display device associated with the processor; receiving by the processor a user-entered command from a user interface device to randomly select a second game number; responsive to the user-entered command, determining, by the processor, whether the first game number has been marked on each of the one or more bingo game cards on which the first game number appears; responsive to determining that the first game number has not been marked on each of the one or more bingo game cards on which the first game number appears, deducting by the processor a predetermined time penalty from a countdown timer; and responsive to determining that the first game number has been marked on each of the one or more bingo game cards on which first game number appears, randomly selecting by the processor the second game number from the predetermined set of game numbers.
Claim 1 of the patent describes a method that operates according to the following steps:
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Receiving Bingo Card Selection: Players select their bingo cards, which contain random numbers from a predefined set.
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Selecting First Game Number: The system randomly selects a first game number from the predefined set.
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Displaying the Number: The selected number is displayed in an active area on the mobile device’s screen.
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Receiving User Command: The system receives a command from the user to select a second game number.
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Checking Number Marking: The system checks if the first number has been marked on all relevant bingo cards.
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Time Penalty: If the first number is not marked on all cards, the system deducts a predefined time penalty from a countdown timer.
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Selecting Second Game Number: If the first number is marked on all cards, the system randomly selects a second game number and proceeds to step 3.
The method outlined in the patent offers an innovative solution to enhance the mobile bingo gaming experience. The time penalty mechanism adds an element of competitiveness and excitement to the game, encouraging players to be more actively engaged. An additional advantage of the method is its ease of implementation, allowing it to be seamlessly integrated into any existing mobile bingo app.
Strengths of the drafting of US Patent US9098980B2
Patent registration in the field of computer games can be more complex than in other domains due to several unique characteristics of the industry:
- Difficulty in Defining an Invention: Computer games may comprise numerous diverse components, ranging from code to graphics and storyline. Precisely defining the novel and protectable aspect of a patent can be challenging.
- Abstract Subject Matter: Computer game patents often focus on abstract ideas or algorithms, which can be difficult to safeguard through patents.
- Rapid Pace of Development: The computer game industry evolves at a breakneck pace, with new technologies emerging constantly. Ensuring that a patent remains relevant over time can be difficult.
Patent US9098980B2 addresses these challenges through several strategies:
- Focused Invention Definition: The patent focuses on a specific aspect of mobile bingo, rather than encompassing all game components.
- Technical Effect Focus: The patent meticulously details the technical effect of the time penalty mechanism, highlighting its technological advantages.
- Broad Claim Formulation: The patent includes broad claims covering both the fundamental game method and potential additional applications, without limiting the implementation of the game system too much.
In conclusion, Patent US9098980B2 demonstrates how to successfully register a patent in the computer game domain while considering the industry’s unique requirements. Employing appropriate strategies, such as focused invention definition, technical effect focus, and broad claim formulation, can increase the chances of success in the patent registration process.
US PATENT – US20200211325A1: Detecting Anomalies in Gameplay Patterns
Patent US20200211325A1, filed by Playtika, describes a method for detecting anomalies in gameplay patterns. The method operates by collecting time series data related to various events occurring within the game. The system then analyzes the event characteristics and calculates the probability of each event being an anomaly. Events exceeding a certain probability threshold are classified as anomaly events.
Subsequently, for each window within the time series data, window features are computed based on the identified anomaly events. These features are used to build a model that ranks the risk of each window being a suspicious window. These suspicious windows are further investigated to understand the nature of the anomalous events and address them as needed.
Benefits of the Method
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High Accuracy: The method combines advanced statistical and machine learning techniques to identify anomalies accurately and reliably.
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Complex Anomaly Detection: The method can detect complex anomalies that might evade simpler analysis.
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Precise Classification of Suspicious Windows: The system can accurately classify suspicious windows, minimizing false alarms.
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Enhanced User Experience: By detecting and addressing anomalies, the method improves the user experience and reduces fraud and operational issues.
Potential Applications
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Fraud Detection: The method can be used to detect fraudulent activities in games, such as the use of fake accounts or exploiting game flaws.
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Identifying Abnormal Behavior: The method can be used to identify abnormal player behavior, such as using cheat tools or exploiting bugs.
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Performance Monitoring: The method can be used to monitor game performance and identify operational issues, such as server crashes or network disruptions.
Detailed Analysis of Claim 1 (Core of the Patent)
Claim 1 of the patent is formulated as follows:
1. A method for detecting anomalies in a game, comprising: a) collecting time series data comprising events occurring in the game; b) analyzing the events to calculate a probability of each event being an anomaly; c) classifying events exceeding a predetermined probability threshold as anomaly events; d) computing window features for each window within the time series data based on the anomaly events; e) building a model to rank the risk of each window being a suspicious window; f) identifying suspicious windows based on the risk ranking; and g) analyzing the suspicious windows to identify anomalies in the game.
Claim 1 of the patent describes a method that operates according to the following steps:
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Data Collection: Time series data is collected, recording events that occur within the game.
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Event Analysis: Events are analyzed to determine the probability of each event being an anomaly.
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Anomaly Classification: Events exceeding a probability threshold are classified as anomalies.
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Window Feature Computation: Window features are computed for each time series window based on the identified anomalies.
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Model Building: A model is built to rank the risk of each window being a suspicious window.
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Suspicious Window Identification: Suspicious windows are identified based on the risk ranking.
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Anomaly Investigation: Suspicious windows are analyzed to identify underlying anomalies in the game.
The method outlined in the patent provides a novel and effective approach for detecting anomalies in time based data, without limiting it to games. The combination of statistical analysis, machine learning techniques, and window-based feature extraction enables the method to accurately identify complex anomalies and reduce false alarms. This method has the potential to enhance fraud detection, improve user experience, and optimize game performance in various online gaming environments.
Strengths of the drafting of US Patent US20200211325A1
Claim 1 of Patent US20200211325A1 addresses some of the unique requirements of patent registration in the field of software:
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Focused Invention Definition: The method focuses on a specific aspect of time series anomaly detection, utilizing unique techniques.
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Broad Claim Formulation: The claim is formulated in a broad fashion that covers potential applications in various domains, including computer games.
Thus, Patent US20200211325A1 exemplifies the requirements for patent registration by incorporating technological innovation, significant advancement, and industry applicability:
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Data Collection and Analysis: The system collects game activity data and analyzes it to enable real-time anomaly identification.
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Outlier Probability Calculation: The system calculates the probability of an event being an outlier based on normal distribution. The use of probability analysis highlights the system’s novelty.
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Generative Model: The use of a generative model for identifying suspicious windows demonstrates advanced technological progress that is not obvious.
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Validation and Verification: The patent outlines methods for validating and verifying the findings, ensuring applicability and reliability in real-world scenarios.
US Patent US20200211325A1 is well formulated for the US but in the current formulation it would be difficult to register it in Europe
The patent is well written, precisely formulated and suited for registration in the US, but although the main claim of the patent is formulated in a clear and concise manner, it’s doubtful that it would pass the hurdle of the technical effect in Europe. In contrast to the first patent analyzed above, the main claim in this patent doesn’t address the use of hardware components, only describing the method generally, in a way that seems to allow its implementation manually. Although such formulation may allow the claim to be registered in the US, where there is no requirement for technical effect, it remains doubtful that the patent would be registered in Europe without making changes in the formulation of the main claim.
Summary
The world of computer games is evolving at a dizzying pace, both technologically and creatively. This development also brings with it new legal challenges, including the issue of patent registration for these games. This article focused on the legal aspects of patent registration for computer games, using case studies: various patents of Playtika. The unique requirements for patent registration in this field were examined, and the legal strategies that Playtika used to protect its invention were analyzed.
Requirements for Patent Registration in the Field of Computer Games:
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Novelty: The components of the patent need to be novel, meaning that they weren’t published in the past in a singular publication (a general requirement for any patent).
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Inventive Progress: The invention at the base of the patent needs to embody technological progress and doesn’t be obvious to experts in the field (a general requirement for any patent).
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Industrial Applicability: The novelty must be applicable and usable in the industry (required only in some countries).
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Technical effect: The patent must have a tangible technical effect (required only in some countries).
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Non-Abstraction: The patent can not protect an abstract idea, but a specific technical effect.
Strategies for Successful Patent Registration in the Field of Computer Games:
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Focused Invention Definition: Focus on a specific aspect of the game or technology.
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Technical effect Focus: Describe the technical effect of the invention in detail.
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Broad Claim Formulation: Formulate claims that cover both the basic invention and potential additional applications.
Patent registration in the field of computer games is possible, but it is important to understand the unique requirements of the field and to use the right strategies with attention to the countries in which you’re interested in being protected. Using these strategies can increase the chances of success in the patent registration process.
Additional Resources:
- Book: Y. Drori, “Patent Law”, Praelstein Ginnosar Publishing, pp. 266-296 (2023) (Hebrew).
- Book: Y. Drori, Y. Werzansky-Orland, “Intellectual Property Law in Israel”, Praelstein Ginnosar Publishing, pp. 13-119 (2019) (English)
