To patent or not to patent
by Jonathon Stevens · in General Discussion · 02/14/2007 (3:52 pm) · 23 replies
Sparking from what started to turn into a flame war at www.garagegames.com/index.php?sec=mg&mod=resource&page=view&qid=12310 I've decided to start up a thread. I wasn't going to, and was just going to let it lie until my statements were called "grossly incorrect."
If you patent gameplay on a game that you are releasing, you are saying that no one else can even get near. A patent doesn't protect you simply from the EXACT duplication, but a close enough duplication depending on your lawyers. I know, I've been in a patent wars legally before.
No game is 100% original. Most aren't even 50% original. Do you think half-life would exist if someone had patented the FPS gameplay mechanics? Even if it did, should the first guy to win the patent race to get an FPS patented should get paid for everyone else's game?
Should you protect your investment? Yes. Should you patent it so no one can even come close to what you have? No. Every game takes from other games, period. Just like every movie takes from other movies. It's few and far between when you come across something incredibly unique.
If you patent gameplay on a game that you are releasing, you are saying that no one else can even get near. A patent doesn't protect you simply from the EXACT duplication, but a close enough duplication depending on your lawyers. I know, I've been in a patent wars legally before.
No game is 100% original. Most aren't even 50% original. Do you think half-life would exist if someone had patented the FPS gameplay mechanics? Even if it did, should the first guy to win the patent race to get an FPS patented should get paid for everyone else's game?
Should you protect your investment? Yes. Should you patent it so no one can even come close to what you have? No. Every game takes from other games, period. Just like every movie takes from other movies. It's few and far between when you come across something incredibly unique.
About the author
With a few casual games under his belt as CEO of Last Straw Productions, Jonathon created the increasingly popular Indie MMO Game Developers Conference.
#22
Every new engine doesn't patent the engine, they patent the new technology that they added to that engine. I'm not saying software developers shouldn't be able to patent or protect things, as I don't really care what they do. What I care about is when someone tries to patent GAME PLAY. It's like a movie. You don't see patents on movies because nothing is truely 100% original, everything is inspired by something else.
You will see copyrights on scripts and the film reel itself to keep someone from blatenly ripping it off, but that's not the same thing as what we're talking about.
05/21/2007 (10:22 am)
Eh? That's the worse analogy you could possibly pick to why some people can patent and others can't. Car manufacturer's don't patent names, they copyright them in the context of being used for a vehicle which is fine because you don't want a ford escort and a chevy escort do you?Every new engine doesn't patent the engine, they patent the new technology that they added to that engine. I'm not saying software developers shouldn't be able to patent or protect things, as I don't really care what they do. What I care about is when someone tries to patent GAME PLAY. It's like a movie. You don't see patents on movies because nothing is truely 100% original, everything is inspired by something else.
You will see copyrights on scripts and the film reel itself to keep someone from blatenly ripping it off, but that's not the same thing as what we're talking about.
#23
I have been following this discussion for a little while. So let me start out with the disclaimer that I am not a lawyer of any kind and certainly not an Intellectual Property Attorney! Thus nothing I say here really matters all that much.
With that said... I think it should also be noted that I have yet to see the former appear anywhere in this forum. The mentioning of what an attorney has told you in the past should have very little weight amongst your peers. It is entirely possible that you have been misled by the high dollar fee of a suspected intellectual property expert... whom has gone on to inform you of specific details contrary to the process and intent of a patent!
Why to patent or not to patent!? The primary purpose of a patent is to establish a barrier to entry for competition. This is a key ingredient to attract venture capital of any kind. If you have a product that you can sell that is excellent but if you can keep your competitors at bay and out of your market for a time then you have longevity. I have been told the if you have no barrier to entry then you have no business. Precisely because if you can not keep others from doing it, then you can expect others will. Here is a quote that exemplifies this understanding from Free Culture by Lawrence Lessig
The article sited earlier by Eric, clearly states the basis for all patents in our country (USA). It also mentions the Crazy Taxi vs Simpson's Road Rage gameplay patent infringement. I suggest everyone continue their intrigue by reading the referenced sources at the end of the article The Trouble With Patents by David Sirlin
Now for a little professional opinion. The life of this argument need not be hampered by unprofessional attitude and language. Yes we are still the creative artist of the world. Some IP Lawyers I know like to call us the "Baggy Pants Crowd" sort of the last rebellious market to be converted to corporate chic... even though I tend to dress sharp and always clean shaven. Regardless, we should try to keep our thoughts clear of prejudice. I even find it difficult to post this comment wondering if it will be taken seriously amongst the number of explicit comments above. I do realize that this is a community forum which most likely will not be viewed by a corporate professional or an intellectual property expert for that matter.
By the way I enjoyed reading Jeff Tunnel's thoughts on the subject Software Patents Are Bad posted early by Jonathon. In context and understanding of Jeff's view... GarageGames exist for independent developers to create an not be hampered by the fear of litigation from some monstrous entity that owns a patent over similar content. It does truly come down to theft. If you steal a concept and have fun making it excellent! Just don't expect to package that product to make your first million... with out expecting to give just rights where they're due.
Excellent article at Gamasutra... Patent Strategy in the Game Industry...worth your time!
05/26/2007 (3:33 pm)
Is there an Intellectual Property Lawyer in the house!?I have been following this discussion for a little while. So let me start out with the disclaimer that I am not a lawyer of any kind and certainly not an Intellectual Property Attorney! Thus nothing I say here really matters all that much.
With that said... I think it should also be noted that I have yet to see the former appear anywhere in this forum. The mentioning of what an attorney has told you in the past should have very little weight amongst your peers. It is entirely possible that you have been misled by the high dollar fee of a suspected intellectual property expert... whom has gone on to inform you of specific details contrary to the process and intent of a patent!
Why to patent or not to patent!? The primary purpose of a patent is to establish a barrier to entry for competition. This is a key ingredient to attract venture capital of any kind. If you have a product that you can sell that is excellent but if you can keep your competitors at bay and out of your market for a time then you have longevity. I have been told the if you have no barrier to entry then you have no business. Precisely because if you can not keep others from doing it, then you can expect others will. Here is a quote that exemplifies this understanding from Free Culture by Lawrence Lessig
Quote:Let's talk about software patents. There's a guy, Mr. Gates, who's brilliant, right? He's brilliant. A brilliant business man; he has some insights, he is even a brilliant policy maker. Here's what he wrote about software patents: "If people had understood how patents would be granted when most of today's ideas were invented and had taken out patents, the industry would be at a complete standstill today." Here's the first thing I'm sure you've read of Bill Gates that you all 100 percent agree with. Gates is right. He is absolutely right. Then we shift into the genius business man: "The solution is patenting as much as we can. A future startup with no patents of its own will be forced to pay whatever price the giants choose to impose. That price might be high. Established companies have an interest in excluding future competitors." Excluding future competitors.
The article sited earlier by Eric, clearly states the basis for all patents in our country (USA). It also mentions the Crazy Taxi vs Simpson's Road Rage gameplay patent infringement. I suggest everyone continue their intrigue by reading the referenced sources at the end of the article The Trouble With Patents by David Sirlin
Now for a little professional opinion. The life of this argument need not be hampered by unprofessional attitude and language. Yes we are still the creative artist of the world. Some IP Lawyers I know like to call us the "Baggy Pants Crowd" sort of the last rebellious market to be converted to corporate chic... even though I tend to dress sharp and always clean shaven. Regardless, we should try to keep our thoughts clear of prejudice. I even find it difficult to post this comment wondering if it will be taken seriously amongst the number of explicit comments above. I do realize that this is a community forum which most likely will not be viewed by a corporate professional or an intellectual property expert for that matter.
By the way I enjoyed reading Jeff Tunnel's thoughts on the subject Software Patents Are Bad posted early by Jonathon. In context and understanding of Jeff's view... GarageGames exist for independent developers to create an not be hampered by the fear of litigation from some monstrous entity that owns a patent over similar content. It does truly come down to theft. If you steal a concept and have fun making it excellent! Just don't expect to package that product to make your first million... with out expecting to give just rights where they're due.
Excellent article at Gamasutra... Patent Strategy in the Game Industry...worth your time!
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