Legal Question in Intellectual Property in Maryland

patent infringement

Does a computer simulation of a patented mechanical game violate the patent for the game?


Asked on 2/01/03, 5:41 pm

2 Answers from Attorneys

Daniel Press Chung & Press, P.C.

Re: patent infringement

Depends on the terms of the patent.

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Answered on 2/01/03, 5:50 pm
Bruce Burdick Burdick Law Firm

Re: patent infringement

Probably. The coverage of a patent is defined by its claims. If patent has method claims to a method of playing a game, then the patent probably covers a computer simulation. If the patent covers the appearance of the board, and the computer simulation has a virtual equivalent of that board, the patent probably covers the simulation. If, on the other hand for example, the patent covers details of construction of the board, then the simulation would probably not infringe.

To answer the question as applied to your particular situation, you should consult with a registered patent attorney, who can efficiently analyze your simulation and the patent (if any) on the game and advise you what the patent covers. The patent attorney will probably also be able to advise you how to get around the patent and still have a viable computer simulation. The patent attorneys fees in you situation will be a good investment that might save you thousands of dollars in the long run.

Hire a patent attorney to review your case. This is not one that can be answered very well over lawguru since it is too dependent on the actual facts.

There are also trademark and copyright questions you need to consider, so hire a patent attorney who is broad based so you get advice on those important areas, also.

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Answered on 2/01/03, 9:34 pm


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