Gaming Patents And “Abstract Ideas”: What Are The Rules Of The Game?

Gaming Patents And “Abstract Ideas”: What Are The Rules Of The Game?

May 20, 2019

Article

Co-author, CGi Magazine, May 2019

Ideas (and algorithms) cannot be patented. Mental processes cannot be patented. The rules of a game cannot be patented (unless there is a sufficiently inventive concept to “transform” the rules into patent-eligible subject matter … but what does that even mean?). The patent-eligible subject matter exception to 35 U.S.C. § 101 is one of the greatest impediments to obtaining (and enforcing) patents in the gaming arts. This article examines the current state of patent-eligible/ineligible subject matter (particularly, “abstract ideas”) and then offers strategies to navigate that landscape and protect gaming innovations (including through alternatives or additions to patent protection).

Click on the above PDF to read the entire article.

 

Meet The Team

Ryan J. Cudnik Of Counsel T 775.398.3813 rcudnik@bhfs.com