How to Patent a Board Game?

How to Patent a Board Game – As you know that Monopoly is one of the old games which is still available in the market. This game was patented in 1935.

After this, there is a game of chess. While the particular game is not able to get a patent and the variations and developments of this game are:

How to Patent a Board Game?

How to Patent a Board Game

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Now, the question is what’s the difference between these two games, and also why one is potential and the other one is not.

If you invented a new board game recently and if you really want to speak about the patent then in this case, this article is going to be very helpful for you.

By using the details of this article, you will get to know how to patent a board game and also how to protect a new invention as well. 

If you are working with an experienced and knowledgeable attorney then you can be able to prevent your game from getting rejected for the patent. Also, we create this article which will help you to know about how to start patenting your new board game. 

So, let’s start reading this article to know the complete information. 

Why a Board Game Is Patentable?

You need to know that the USPTO office awards the patents for the detailed processes. There are lots of people who are connected with the mechanical manufactured device but, it can also be applied to a board game or the card game by just following some rules. 

It’s Harder to Patent Today

At present, we have lots of developed computers and technology which help to deal with the difficulty which takes place while patenting for a board game. Also, in the ruling of the Alice Corp. v. CLS Bank International, it was said that you can’t be able to patent any of the ideas which were a set of rules. 

So, the USPTO said that your game is a set of planned rules and they will reject your application. It means that you need to go ahead at the time of explaining your board game. 

If you work with an experienced attorney then it is beneficial for you to navigate these types of finite distinctions. 

Meeting the Criteria to Patent a Board Game Idea

There are two major requirements that you are required to meet up in terms to get approval for the patent. 

  • Your game doesn’t have any similarities to the other game which was patented already. 
  • Also, your game requires innovation in some of the fields. 

When you develop your game then you are required to test it first. Also, make sure to don’t post one. You just only need to show your game to a selected group of people who are trustworthy.

Also, you are required to keep your game to get published and to get available, and accessible to the public. 

When you design and develop your game, you need particularly detailed notes about it. Also, notes must include the drawings and notes of the rules and the board. 

You need to create a prototype of your game. Also, it will allow you to play the game and also add your theory and idea to the test. 

When you get a solid prototype and game example, then you need to start searching for the latest patents. Also, your attorney will be helpful for you to complete this.

They will do a detailed search of the USPTO database in terms to ensure the idea that it didn’t create any conflict with the already patented board games. 

Apply for a Patent for a Board Game Idea

When your lawyer and you complete all the work and your application file for the patent is ready then you will get two options which are a regular patient and another is a provisional patent.

Regular application will take some years to get complete and also it needs more considerable investment as well. 

On the other hand, a provisional patent is really quick and also one of the most affordable processes. It will allow you to start the marketing and development of the game and activities during the waiting period for the patent application completion.

Also, you can label your board game as “patent pending” until it completes the patent process by simply filling the application in the future. 

Don’t Forget the Alternatives

One thing which we notice is that every inventor of a game will forget to look for alternatives to play. They mainly focus on the complete original methods. Also, the problem with this is that it will leave you and your game vulnerable. 

Anything you leave out of your patent is not yours. It is really simple and you need to include each and every part of the method in terms to play which you can think of.

If it works in a proper manner on some of the levels then simply include it. By this, you can be able to broadcast the possible protection scope. 


How Do You Get a Patent for a Game?

  • You have to keep detailed documentation which includes the drawings and rules for the game/. 
  • You need to build a prototype. 
  • You need to conduct a patent search to simply verify that there is no patent registered for the same field. 
  • You have to fill out and file the United States Patent and also the trademark office’s patent application as well. 

Can You Patent Your Game?

The utility patent will mainly protect the aspects of the game which are related to science and technology. The product or the process which is novel and non-obvious is mainly protected under patent law. Some of the aspects of the game which can get protected under the patent law are also available. 

How Do You Come Up With Initial Ideas for a Board Game?

  • You need to write down everything which you think. 
  • You need to write down every letter of the alphabet and then come up with an idea for every letter. 
  • You have to think about the worst possible board game ideas which you can think of and then simply flip this and see if any of the ideas opposite to these may work for you.


So, we hope that you understand the complete details about How to Patent a Board Game Idea.

If the above-given details are helpful for you and help you to patent your game then simply share this article with other people. Also, make sure to drop your comment below to let us know how helpful this article is for you.

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