Board Games and Patents: Do They Need One Another?

Do board games need patents?
A patent covers an “”invention,”” a broad category covering both physical objects and more abstract methods. Patents definitely cover processes, and since board games are at an innermost level processes for entertainment, they are eminently patentable, so long as they meet the general requirements for patentability.
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Board games have been around for centuries, and millions of people still play them today. Many game designers have questioned whether they should patent their board games in light of the growth of board game design and production in recent years. Although there isn’t a clear-cut answer to this, it’s important to comprehend the advantages and potential disadvantages of acquiring a patent.

Let’s start by defining what a patent is. A patent is a legal document that grants the owner temporary exclusivity in the production, use, and sale of an invention. In the case of board games, a patent would safeguard the gameplay’s mechanics and regulations, preventing unauthorized duplication. The advantages of getting a board game patented are obvious. It safeguards the inventor of the game’s intellectual property and grants them the right to make money off of their creation. Additionally, it stops others from stealing the game’s mechanics and guidelines, preserving the original creator’s original intent.

However, the process of getting a patent can be expensive and time-consuming. The process of applying for a patent can take years, and there is no assurance that the patent will be approved. The game’s rules and mechanics are also only protected by patents for a brief period of time before they enter the public domain. Some game developers choose to use a “poor man’s patent,” which entails mailing a copy of their game’s mechanics and regulations to themselves. In the event that someone tries to steal the idea for the game, this produces a dated record of the game’s production that can be used as proof in court. This approach, meanwhile, is not infallible and is subject to legal dispute.

Let’s now focus on the board game industry as a whole. The market for board games worldwide was estimated by Statista to be at $9.2 billion in 2020. According to predictions, this industry will continue to expand and reach $12 billion by 2025. A wide variety of board games are available, from traditional strategic games like chess and Monopoly to contemporary party games like Cards Against Humanity.

Let’s look at the age group that plays board games the most. Adults between the ages of 25 and 44 make up the majority of board game players, according to an NPD Group survey. The survey did discover, however, that board games are a favorite among people of all ages, with 91% of households possessing at least one board game.

In conclusion, a board game’s requirement for a patent relies on the creator’s objectives and available means. A patent can offer both financial and legal protection, but it can also be expensive and time-consuming. The choice to patent a board game should ultimately be well thought out and balanced against any advantages and disadvantages.

FAQ
People also ask can you copyright a board game?

Board games are seen as a kind of artistic expression, hence they can indeed be protected by copyright. The underlying idea or concept is not protected by copyright; rather, it only covers the specific representation of the game (such as the board layout and game rules). A patent may be required to safeguard a board game’s concept or idea.

Accordingly, how do you become a board game designer?

A love of board games and a creative mind are prerequisites for becoming a board game designer. It is advised that you look into the market and the kinds of games that are now in vogue. By making prototypes and doing playtests with friends and family, you can also get experience designing video games. Additionally, you might be able to find employment in the field by going to conventions for game creation and networking with pros. If you intend to patent your game, it is also critical to comprehend the patent application process and to have legal counsel.