How to Patent and Copyright a Board Game at the Same Time

If you have created a new and original board game, you might be eager to protect your intellectual property. This article will guide you through the process of patenting and copyrighting your board game. These two forms of protection can be quite different, yet often complementary. Understanding both can provide a robust safeguard for your creation.

Patenting a Board Game

Patenting a board game is a strategic move aimed at securing the rights to the invention of the game itself. This process, while more challenging, can offer significant advantages. Unlike simply copying the rules, patenting covers the strategic and mechanical innovations of the game.

Step-by-Step Guide to Patenting a Board Game

Conduct a Patent Search: Before filing a patent application, it’s crucial to conduct a thorough search to ensure that your design is truly novel. Prepare the Patent Application: This involves writing a detailed description of the game and its unique features. This description must cover every aspect of the game, from the physical pieces to the rules. Filing the Application: You can file the application either directly with the USPTO (PCT) or through a local patent attorney. Make sure to include drawings of the game. Review Process: The patent office will review the application and potentially issue questions or requests for further information. Reply to Examination: Once the application is reviewed, you may need to submit additional information or amendments to the application to address any issues.

Copyrighting a Board Game

While patenting focuses on the game mechanics and invention, copyrighting is concerned with the expression of the game. This includes the rules, artwork, and any written materials. Copyright protection can help prevent others from directly reproducing or modifying your board game without permission.

Step-by-Step Guide to Copyrighting a Board Game

Submit for Registration: To obtain copyright protection in the United States, you can submit your work for registration with the U.S. Copyright Office. This can either be done electronically or via mail. Ensure Proper Identification: Clearly indicate that you are seeking copyright protection for the board game, and provide a detailed description of the rights you are requesting. Timely Submission: Registering your work before it is publicly available can provide additional legal benefits. Ensure that you submit your application at the earliest possible stage of development. Publication Consideration: If you publish your game, make sure to include the copyright notice with the proper symbol and year.

Understanding the Interplay Between Patents and Copyrights

While patents and copyrights serve different purposes, they can work together to provide comprehensive protection for your board game. Patents cover the inventive aspects of the game, while copyrights protect the written and artistic components. By combining both, you can ensure that your intellectual property is well-protected in all aspects.

Additional Tips for Board Game Protection

1. Legal Consultation: It is highly recommended to consult with a patent attorney to guide you through the process. They can help ensure that your application is comprehensive and compliant with the necessary legal standards.

2. Trade Secrets: In addition to patents and copyrights, consider whether certain aspects of your game can be protected as trade secrets. This includes keeping the core mechanics confidential.

3. Trademark Protection: Protect the brand, name, and logo of your game. Registering trademarks can help prevent others from using your intellectual property.

4. Social Media and Online Presence: Make use of social media platforms and your website to build a community around your game. This can also help with marketing and building brand awareness.

5. International Protection: If planning to market the game internationally, consider applying for patents and copyrights in other countries as well. This will help ensure that your intellectual property is protected globally.

Protecting your board game is a critical step in launching a successful product. By combining the strategic advantages of patents and the protection provided by copyrights, you can ensure your intellectual property remains safe and your game stands out in the competitive market.