Possible Rules Patent?

[SlagMortar]

To patent something it has to be non-obvious to an "average person" in the particular field. The rules would have to be non-obvious to an "average game designer." Basically, you can't patent them, ever.

I think you are saying that games rules can't ever be patented because all game rules are always obvious to an average game designer. Is that what you are saying? If so, I disagree. If the game rules were obvious to an average game designer then they would not require years of development and months of playtesting.

 

[Ranger REG]

They did patent CCGs. There really isn't a HUGE leap between some CCGs and RPGs

I thought they only patent the tapping method in a card game, not the entire thing.

What's the patent number?

They're going to what? Tap a die?

 

[RedShirtNo5]

What's the patent number?

U.S. Patent No. 5,662,332

 

[Ranger REG]

U.S. Patent No. 5,662,332

Well, I'll be damned.

FWIW, the patent should end by October 17, 2015 (20 years from the filing date). Of the three intellectual property types, a patent is short-lived.

 

[slaughterj]

Thanks for the clarification. I stand corrected.

For further clarification though, trademarks do need to be enforced, else rights are lost.

 

[slaughterj]

Just to be clear, this attorney does not charge that much (to D&D companies, at least)

You need to raise your rate then!

 

[slaughterj]

Between slaughterj, helium and myself all of the primary advice on patents is there. We all just tweaked each others mistakes, but essentially are confirming each other's correct points as well.

I made no mistakes

If you plan on publishing or manufacturing, yes you should confirm and approval all legal documentation and laws to protect you, your company, your IP, and your employees and associates connected to your work. Period.

This goes to one of the most fundamental points. Most answers posted herein pertain to general matters, and are not legal advice directed to a given entity's specifical legal circumstances. It is important to consult with an attorney familiar with the subject area of concern about the specifics of one's situation to adequately address one's own rights as well as avoiding violations of others' rights.

 

[slaughterj]

To patent something it has to be non-obvious to an "average person" in the particular field. The rules would have to be non-obvious to an "average game designer." Basically, you can't patent them, ever.

Don't bet on it. Take a look into patents on virtually ever subject area, even the most basic like tables & chairs, methods of cooking, etc. (i.e., things that have been around for 1000s of years) and you will find new patents on those subjects routinely, for various new, non-obvious, and useful inventions.

 

[herald]

They did patent CCGs. There really isn't a HUGE leap between some CCGs and RPGs

The problem is (in my mind, and I'm not a lawyer) that is that we know that Gary Gygax basicly took wargame rules and modified them for fantasy use. I would hate to see the original creators of those games come out of the woodwork to sue WOTC. I'm not sure that Gary's original work would stand up in a patent court. And since all other works derive from that work, there could be problems down the road.

It might be best not to poke the sleeping bear really. And of course this is just my opinion, not that it matters.

And since they own d20 really right now, and all other games that want to be like d20 have to follow thier rules (OGL) why would that want to subject themselves to having the patent expire after so many years?

 

[herald]

Don't bet on it. Take a look into patents on virtually ever subject area, even the most basic like tables & chairs, methods of cooking, etc. (i.e., things that have been around for 1000s of years) and you will find new patents on those subjects routinely, for various new, non-obvious, and useful inventions.

You're right. Someone got a patent for his daughter's method of swinging on a swingset.

<edit>Man, I can't spell today.