Q: I'm creating a Trading Card Game. What patents in terms of card layout and battle mechanics do I have to look out for?
A: This will depend on the details of your specific game, and it would require a professional search. When we do these, we hire a specialized searching company that performs a “clearance search” (in this case, they would search for those patents claiming a trading card game that are closest to yours). We then analyze the patents they turn up and assess what you can likely do without infringing those patents (sometimes in the form of a “freedom to operate” opinion). Feel free to contact me if you assistance with this.
A:
In terms of card layout, there are no patents that specifically cover trading card game layouts. However, there may be copyright protection for specific card designs or artwork.
In terms of battle mechanics, there have been various patents filed for trading card game mechanics over the years. Some of the more notable patents include:
The "Tap" mechanic, which was patented by Wizards of the Coast in 1995 and covers the act of turning a card sideways to indicate that it has been used.
The "Mana" system, which was also patented by Wizards of the Coast in 1995 and covers the use of a resource system to pay for cards.
The "Stack" mechanic, which was patented by Wizards of the Coast in 1999 and covers the way that spells and abilities are resolved in a specific order.
It's important to note that these patents may have expired or may not apply in your specific jurisdiction. It's always a good idea to consult with a patent attorney to determine if your game mechanics could potentially infringe on any existing patents.
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.
