Q: I'm in the early stages of developing a board game and have a prototype done that I am ready to playtest.
I plan on bringing it to GenCon in August, but I am concerned someone may use my mechanics and concept for their game. I'm also not sure whether to patent the game, copyright, trademark or start a DBA. What would be the next step?
A:
Boardgames have traditionally been protected by copyrights and by trademarks.
This is good news for you, because it looks like the protection is going to be relatively cheap.
Good luck in Indianapolis!
A:
A agree that copyrights and trademarks are important but depending on the game, you may be able to obtain patent protection. See for example US Patent No. 9908033 which issued in 2018 for a variation to UNO. You can do an initial search using tools set forth in http://bit.ly/Patent_Searching.
Once you have done some initial searching, you can contact a patent attorney to take the search to the next level.
If you are looking to preserve patent options in many places, then you should not make or offer any sale terms to sell the product. You shall not operate the invention in a public place. Ideally, you do not describe the inventive features on a public document on the internet or in anyother forum.
I hope that this helps.
Kevin E Flynn
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
