Know-How Exchange : Copywriting

I already have been through the patent process, twice. I was fortunate, I had a retired patent officer take me through the process. After a 30 year career in the Patent Office, he knew it inside out.

Anyow, you have been given some very good advice. You do not need a patent, you need copyright.

A patent would cover a unique device or process. Copyright would cover the design or the content.

Copyright is the better protection of your Intellectual Property because its protection covers you for your lifetime PLUS 50 years (75 years if its a corporate work). Thanks to the Sonny Bono act, Copyright has been extended an additional 20 years (author's life plus 75 years) and even longer for corporate works.

A Patent covers you for 15 years or 25 years max.

Copyright is much cheaper, and the duration of protection is much longer.

Go copyright!

Darcy Moen
Customer Loyalty Network

Another resource for copyrights:
https://nolo.com/resource.cfm/catID/DAE53B68-7BF5-455A-BC9F3D9C9C1F7513/310...

...and for patents...:
https://nolo.com/resource.cfm/catID/00E99E7C-76B3-406F-AE703233C2157E4E/310...

I noticed recently that there have been many discussion regarding patents and copyrights.

I am not really sure that they belong on a marketing forum but then I guess we do cover a broad range of issues here and protecting intellectual property is obviously important before going to market.

Very good advice above from Darcy.

I would like to add a little if I may on this topic because I have seen in the past that there is a great deal of confusion between what a patent is and what a copyright is.

Firstly, let me state categorically that nobody can copyright an IDEA.

and Secondly that to copyright anything costs absolutely nothing in absolute legal terms.

What can be copyrighted then if not ideas?

WORKS: Initially the idea was to cover the work of writers but later covered also music. It must be written down somewhere, anywhere and it must be possible to prove that the date of the original written down version pre dates any later claim.

In fact, all that is need is to add the symbol © and your done.

More recently, the copyright offices around the world started accepting code as a written authored work so you can also copyright any computer code.

Recorded music
written down scored music
written works (on the internet is fine too)
visual works (photographs, drawings paintings
and written down computer code. (This also covers video games for PC, Xbox etc. and for mobile phones because they are driven by written down code and contain images.
All of these can be copyrighted.

There is also a common mis conception that you can copy up to 8 bars of a musical melody without breaching the copyright of an author or up to 8 words of a sentence for instance. This is NOT true. That is why it is called COPY right. you can't copy it without permission.

Patents are intended to cover mechanical and or electrical designs or devices that do a unique function like a new can opener that was never thought of before. I believe that GAMES do actually fall under the realm of Patents not copyrights because there is a codified set of rules by which the game functions. Classic games like Monopoly and Cluedo are all covered by patents.

However, as earlier mentioned, it is not easy because you will need to show that your game is indeed unique and wholly different from any predecessor.

The third area that has not been mentioned here and is often overlooked is actually much more relevant to marketing discussions and that it TRADE MARKS
The name 'Monopoly' for instance is covered by a ® meaning 'Registered Trade Mark'.

In order for you to get the right combination of protection, you will need to provide a little more detail about your game.

Is it for instance a board or card game? If it is a card game, you could copyright the unique images on the cards.

And Trade Mark the name of the game.

If it is a computer based video type game, then you can copyright the code that drives it and the unique images within it and Trade Mark the name.

If it is a mechanical game that requires a device to play it (like a frisbee for instance) then you may need a patent to cover the mechanical aspect of the game, a trade mark for the name and log etc.

If it is a classic 'board type game' such as monopoly, then you can trade mark the name and logos, you could copyright any unique visual elements and possibly get a patent on the method of play but good luck with that - :) Youre game had better be fantastically unique to warrant such a patent.

In terms of costs, hiring a lawyer to do these for you can certainly make it go a little quicker but all of these things are public services that anyone can just pick up the application form and file the details and usually very small fee.

I hope that some of this input has been useful.

Matthew

What you really need to do is provide previous proof of concept. Simply take a second set of your cards, games rules and instructions, and any other materials your game requires, and seal it in an envelope. Mail the envelop to yourself. When it arrives, DO NOT OPEN IT! Store the envelop in a secure filing cabinet or safe deposit box.

If you need to produce proof that you had conceived the game and concept in a court of law, then produce your SEALED and date stamped envelope. The franking of the stamps and sealed contents will provide proof of date proof your idea by a nuetral third party
(the post office).

Simple, cheap, effective. Just what you ordered.

Darcy Moen
Customer Loyalty Network