Baton Rouge, LA asked in Copyright and Patents (Intellectual Property) for Louisiana

Q: Are pokemon likenesses covered under their patent. For example may I use a creature that looks like a Squirtle.

I am in the process of making a video game and one of the world's is pokemon themed. I understood I cannot use their name but was wondering if I could use pokemon likenesses as nuisance creatures.

1 Lawyer Answer
Kevin E. Flynn
Kevin E. Flynn
  • Patents Lawyer
  • Pittsboro, NC

A: Your question did not include a patent number. The first step of answering the question is to determine whether there is a patent that has issued and has not expired. You may want to do some searching using tips at my slide set .

Generally the patent system is not used for images but design patents can cover the ornamental appearance of items including icons uses on computer or phone screens so I do not want to dismiss this out of hand.

Good luck.

Kevin E Flynn

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