Legal Question in Intellectual Property in Arkansas

I have 11+ years experience as a computer programmer, and have recently started designing my own games. I have an idea for a business model for this game, and as far as I know, nobody has ever done what I'm about to do in the industry. I see huge potential in this if the idea can be patented, especially by licensing it to some very large game design companies. It solves a very big dilemma in the gaming industry right now, which is how can you make money by offering a free game? I have the experience to know that this model will work because I know the gaming industry. I just need to know if I can patent a way to sell video games or not.

I guess the part of the idea I would need patented is that there would be two versions of the game, one that is free and one that isn't... the way I want to separate these two "versions" of the game is simple, yet solves a gaming industry dilemma that I read about constantly. I feel like my best route here is to find a patent lawyer, to first find out if it has already been patented (almost positive it hasn't, but I want to know for sure), and if it can be patented. If it can, I know my game will enjoy a lot of success, helped by the fact that we are the only gaming studio that can offer our product/services this way.

So, is it possible to patent a way to sell a video game, or to patent a way to make money on a free one?


Asked on 7/31/12, 6:58 pm

1 Answer from Attorneys
Cale Block Niswanger Law Firm

You ask a very interesting question. I know of no reason why distribution or monetization models could not be patented. Games' underlying code and, to an extent, their mechanicsHaeckele long been recognized as protectable under various fascets of IP law. The only hangup I foresee would be making sure your idea crosses the thresholds of newness and nonobviousness. Traditional DLC or microtransactions are probably unprotectable because they're so similar to long established forms of commerce. As monetization becomes intermingled with game mechanics--as with Eve's unique relationship between Isk, gametime, and actual dollars--then those concepts and mechanics are more likely to be subject to protection.

I don't practice patent law, but I have a passion for video game law. I'm always glad to see developments in the field and and would love to see innovation from a fellow Arkansan. If you'd like to call the number in my profile, I can offer a free consultation and can hopefully point you in the right direction. In any case, best of luck with your idea.

--The preceding is for informational purposes only and is not legal advice. Nothing herein is intended to eatablish an attorney/client relationship. You should not rely on the preceding in making decisions, legal or otherwise. Before acting, I recommend you conult and retain an attorney.

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Answered on 7/31/12, 8:28 pm


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