Harriman, TN asked in Intellectual Property and Patents (Intellectual Property) for Tennessee

Q: If you have a fantasy sports game unlike the typical fantasy game can it be patented

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

A: Possibly, but it will be difficult. After the decisions in Supreme Court Cases Bikski and Alice, it is fairly difficult to patent a computer program unless the computer program makes the computer operate more efficiently.

Step One is that you should look at recently issued patents to see if any are close to what you are doing. The slide set at http://bit.ly/Patent_Searching is a good start to learning how to search for relevant patents.

Step Two is to look at the USPTO guidance on patentable subject matter (Section 101). See https://www.uspto.gov/patent/laws-and-regulations/examination-policy/subject-matter-eligibility which allows you to see the information provided to the USPTO examiners to help them understand this topic.

I hope that this helps.

Kevin E Flynn

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