Can I patent a board game?

Can I Patent a Board Game?

Board game designers and publishers frequently ask whether their innovative games qualify for patent protection. Understanding the patentability of board games requires examining both the general requirements for patents and the specific considerations that apply to games and recreational activities.

Patent Eligibility for Board Games

Basic Patent Requirements

For any invention, including board games, to qualify for patent protection, it must satisfy several foundational requirements:

• Novelty - The game must be new and not previously disclosed
• Non-obviousness - The game must not be obvious to someone skilled in game design
• Utility - The game must serve a useful purpose
• Patent-eligible subject matter - The game must fall within categories of patentable subject matter

The United States Patent and Trademark Office (USPTO) evaluates these criteria during the patent examination process.

Patentable Elements of Board Games

Board games typically contain multiple elements that may qualify for different forms of intellectual property protection. From a patent perspective, potentially patentable aspects include:

• Novel game mechanics or rules that produce specific functional outcomes
• Unique playing pieces with functional characteristics
• Game boards with innovative functional features
• Specialized components that enable particular gameplay
• Timing or scoring mechanisms with technical aspects

Hasbro, the publisher of classics like Monopoly and Scrabble, holds numerous patents covering game mechanisms and components.

Historical Patent Examples

Notable Board Game Patents

Many successful board games have received patent protection for their innovative aspects:

• Monopoly - While the basic concept dates to 1903, various implementations received patents for specific board designs and gameplay elements
• Scrabble - Patent No. 2,752,158 covered the scoring system and tile rack configuration
• Battleship - Patent protection for the grid-based targeting mechanism
• Connect Four - Patent No. 3,556,526 covered the vertical grid and disc-dropping mechanism
• Mouse Trap - Multiple patents for the Rube Goldberg-style mechanisms

These examples demonstrate that specific functional aspects of games, rather than the abstract concepts, typically receive patent protection.

Contemporary Examples

Modern board game patents often focus on unique mechanical or interactive elements:

• Jenga - Patent No. 4,522,393 covered the specific stacking and removal mechanics
• Guess Who? - Patent protection for the flip-down mechanism
• Settlers of Catan - Patents covering specific implementations of the hexagonal tile system
• Perplexus - Patents on the three-dimensional maze sphere design

Mattel regularly patents innovative mechanisms in their games, securing competitive advantages in the market.

Strategic Considerations for Game Inventors

Focus on Mechanical Elements

When pursuing patent protection for board games, focus on:

• Physical mechanisms rather than abstract rules
• Unique component interactions that produce specific results
• Novel playing piece designs with functional advantages
• Game boards with innovative structures or features
• Technical solutions to gameplay challenges

Spin Master, the company behind games like Bakugan, focuses patents on the transformational mechanisms of their game pieces.

Understand Patent Limitations

Be aware of important limitations on board game patents:

• Game rules or concepts alone are difficult to patent (though their specific implementation may qualify)
• Abstract ideas or mental processes generally aren't patentable
• Purely aesthetic features aren't covered by utility patents
• Patents offer 20 years of protection from filing date
• Patent applications require public disclosure of the invention

These limitations have led many game companies to rely on complementary protection strategies.

Alternative Protection Strategies

Copyright Protection

Copyright automatically protects multiple aspects of board games:

• The artistic elements of the game board
• Illustrations on cards or components
• Written rules and instructions
• Distinctive characters or storylines
• Original text and graphics

Copyright protects the expression of ideas rather than functional aspects, lasting for the author's life plus 70 years.

Trademark Protection

Trademarks protect brand identifiers associated with board games:

• Game titles and logos
• Distinctive packaging
• Character names (when used as source identifiers)
• Slogans and taglines
• Trade dress (the overall visual appearance)

Asmodee, publisher of games like Ticket to Ride and Catan, maintains strong trademark protection for their game brands.

Design Patents

Design patents protect the ornamental appearance of functional items:

• Distinctive game piece shapes
• Unique board layouts
• Ornamental aspects of card designs
• Decorative elements of game components

Design patents last for 15 years from issuance and focus exclusively on appearance rather than function.

Trade Secret Protection

For games still in development:

• Maintain confidentiality during playtesting
• Use non-disclosure agreements with playtesters
• Limit access to prototype components
• Secure manufacturing processes

Once published, board games typically can't maintain trade secret protection for visible elements.

Comprehensive Protection Strategy

Multi-Layered Approach

Most successful board game companies employ a strategic combination of intellectual property protections:

• Utility patents for novel functional mechanisms
• Design patents for distinctive ornamental designs
• Copyrights for artistic elements and written content
• Trademarks for branding and marketing assets

Wizards of the Coast, publisher of Magic: The Gathering, uses this comprehensive approach to protect their games.

Cost-Benefit Analysis

When deciding whether to pursue patent protection, consider:

• Development and production costs invested
• Commercial potential of the game
• Likelihood of competitors copying key mechanisms
• Budget for intellectual property protection
• Long-term business strategy

For many independent game designers, copyright and trademark protection may provide sufficient coverage given the costs associated with patents.

Questions about Board Game Patents

What Specific Game Mechanics Can Be Patented?

Game mechanics with the strongest patent potential typically involve physical components interacting in novel, functional ways rather than abstract rules. Patentable mechanics often include: unique piece movement systems with physical implementation (like Jenga's block removal mechanism); specialized component interaction systems (such as Mousetrap's chain-reaction elements); distinctive card or tile placement mechanisms with specific functional outcomes; novel dice or randomization devices that operate in unique ways; and board configurations that enable specific gameplay functions beyond mere arrangement. The key distinction is whether the mechanic represents a concrete implementation with functional characteristics versus an abstract rule set. For example, while the concept of worker placement isn't patentable, a specific physical mechanism for implementing worker placement might qualify. Focus patent applications on tangible implementations—the physical means by which players interact with game elements—rather than the underlying game concepts. Document how your mechanism solves a specific problem in game design in a non-obvious way, as this strengthens the case for patentability.

How Do I Conduct a Proper Search for Existing Board Game Patents?

A thorough board game patent search requires examining multiple sources beyond basic keyword searches. Start with the USPTO's Patent Full-Text and Image Database (PatFT) and Application Full-Text and Image Database (AppFT), searching under classification codes A63F (card, board, and dice games) and its subclasses. Expand your search using international databases like Espacenet (European Patent Office) and the WIPO PATENTSCOPE, as many game patents are filed internationally. Don't limit yourself to direct competitors—examine patents from major publishers like Hasbro, Mattel, and Asmodee, as they may hold patents for similar mechanisms in different contexts. Beyond patent databases, research commercial games with similar mechanics by exploring board game databases like BoardGameGeek, industry publications, and trade show announcements, as these might reveal unpatented prior art or published games that could affect patentability. Consider consulting a patent attorney with board game experience for a professional search, as they can identify relevant patents that might use different terminology or classifications. Document your search process thoroughly, as this demonstrates due diligence if questions arise during examination.

What's More Important for Board Games: Patent, Copyright, or Trademark Protection?

The optimal protection strategy varies based on your board game's unique characteristics and business goals. For games with novel mechanical elements—like unique component interaction systems, specialized playing pieces, or innovative physical mechanisms—utility patents provide the strongest protection against functional copying, though they require significant investment and eventually expire. Games distinguished primarily by their visual elements, artwork, or written content benefit most from copyright protection, which is automatic, long-lasting, and prevents direct copying of creative elements. For games building a brand identity and planning multiple editions or expansions, trademark protection becomes crucial, protecting your game's name, logo, and distinctive visual branding indefinitely with proper maintenance. Most successful board games employ a strategic combination of all three: patents for innovative mechanisms, copyright for artistic and written elements, and trademarks for branding. For independent designers with limited budgets, prioritize copyright registration (relatively inexpensive) and trademark protection for your game title, focusing patent applications only on truly innovative mechanical elements with significant commercial potential. Your protection strategy should align with your long-term business objectives—whether building a standalone game, developing a expandable game system, or creating a recognizable brand.

How Long Does Board Game Patent Protection Last, and Is It Worth the Cost?

Utility patents for board games last 20 years from the filing date, while design patents protecting ornamental features last 15 years from issuance. Whether this protection justifies the cost—typically $5,000-$15,000 for a utility patent including attorney fees—depends on several factors. Consider your game's commercial lifespan: classic games like Monopoly or Scrabble generate revenue for decades, making patent protection valuable, while trend-driven games might have shorter commercial windows. Evaluate your game's unique selling proposition: if innovative mechanics differentiate your game, patent protection prevents competitors from copying these elements during your market establishment period. Assess your business model: patents become more valuable if you plan to license your game to larger publishers or develop a franchise with multiple variations. For games with truly innovative mechanisms and significant commercial potential, patent protection can provide crucial market advantage during the critical early years, preventing direct copying while you establish brand recognition. However, for many independent designers, the combination of copyright (protecting artwork and rules text) and trademark (protecting the game name and logo) provides sufficient protection at a fraction of the cost, particularly when the game's primary value lies in its theme, artwork, or gameplay experience rather than novel mechanical features.

How Do I Protect My Board Game Internationally?

International board game protection requires a strategic approach acknowledging the territorial nature of intellectual property rights. For patent protection, consider filing through the Patent Cooperation Treaty (PCT), which preserves your filing date while providing time to decide which specific countries to enter—crucial for board games with global market potential. Prioritize major markets like the United States, European Union, China, and Japan based on manufacturing locations and target markets. For trademark protection, the Madrid Protocol offers a streamlined system for international trademark registration, though some key markets (including Canada until recently) may require direct national filings. Copyright protection generally exists automatically in countries that have signed the Berne Convention, though registration in major markets provides additional enforcement benefits. When manufacturing overseas, particularly in regions with high counterfeit risks, implement additional protective measures: use contracts with strong IP clauses, maintain control over production molds and dies, segment production across multiple facilities for complex games, and conduct regular market monitoring. Consider timing your international protection strategy with your market entry plans—securing rights in advance of convention presentations or crowdfunding campaigns that create international visibility. For maximum efficiency, focus resources on protecting your most innovative elements in your primary markets first, expanding protection as commercial success justifies the additional investment.