New game/sport invention

[jennybritton62]

What is the name of your state? California

My partner and I have invented a new outside sport/game which we would like to patent. Some of the equipment used is already on the market, our game incorporates new equipment and some existing. We have researched as best we can from the internet whether or not a game can be patented or not and have come across numerous websites that tell us that maybe we can and maybe we can't. We have also read that actually copyrighting the rules of the game is an option. Can you please advise us whether or not an outdoor sport/game can be patented and if not how can we go about protecting our idea?

Thank you kindly for your time.

Jennifer Britton

 

[divgradcurl]

What is the name of your state? California

My partner and I have invented a new outside sport/game which we would like to patent. Some of the equipment used is already on the market, our game incorporates new equipment and some existing. We have researched as best we can from the internet whether or not a game can be patented or not and have come across numerous websites that tell us that maybe we can and maybe we can't. We have also read that actually copyrighting the rules of the game is an option. Can you please advise us whether or not an outdoor sport/game can be patented and if not how can we go about protecting our idea?

Thank you kindly for your time.

Jennifer Britton

Protecting a game can be difficult, and will depend on what you are trying to protect. Yes, the rules can be copyrighted, but that will only protect against someone actually copying the rulebook, not whether someone could write their own rulebook, or play the game without your permission. You could certainly patent the equipment, if in fact that equipment is otherwise patentable, but the game itself is very likely not patentable subject matter -- a game is generally not "useful" as defined by patent law, and therefore not properly the subject matter of a patent.

What type of protection are you trying to accomplish?

 

[jennybritton62]

Thank you for your response.

We would just like to think that we could protect our game in one way or another making it maybe too difficult to copy easily, giving us time to get it on the open market.

The equipment would not be patentable as it consists of materials already used in other sports.

Although part of the equipment has been modified. Would that be patentable?

In order to copyright our rules handbook would we send our literature to a copyrighter and would they rewrite it for us in a more professional manner(obvioulsy they would write in a style we wanted them too, right?) or would what we have written be what is copyrighted?

I'm sorry we are unsure of what steps to take next. We are not legally knowledgeable. We just believe that our game will become a very popular beach sport and would like to do everything we can to see it through.

Thank you for your time.
Jennifer Britton

 

[divgradcurl]

Although part of the equipment has been modified. Would that be patentable?

Maybe. It will depend on the scope of the modification. You will want to talke with a registered patent attorney or patent agent to discuss the patentability of your modified equipment. Check www.uspto.gov for a list of registered attorneys or agents in your area. An agent will usually, but not always, be cheaper.

In order to copyright our rules handbook would we send our literature to a copyrighter and would they rewrite it for us in a more professional manner(obvioulsy they would write in a style we wanted them too, right?) or would what we have written be what is copyrighted?

You can submit what you have written yourself. Go to www.copyright.gov, download a form TX, fill it out, and send it to the copyright office along with a copy of your rules and a check for $35 (I think, maybe $30) and that's all it takes to copyright your rules.