Quote: TucsonSteveI have a follow-up question to that posed by NewToCraps on June 13th last year. If there is such trouble getting a game patented nowadays, how does one protect his game before shopping it to a casino or one of the major game distributors? What action do you take to prevent theft of your game if patent law is not an option?
Also, in general, even if you're pessimistic about the final patent, is applying for a provisional patent enough to start showing your game to DEQ or Galaxy or a casino?
Opinions here, on provisional patents, seem to differ, even among experienced developers. I've been through the early stages of the process once, on the video game side of things. I'm happy I went the provisional patent route, with the help of a lawyer. This should enough protection to shop your game around. Personally, given the low chances of success, I don't see how anyone justifies getting a full patent first.
Quote: TucsonSteveI have a follow-up question to that posed by NewToCraps on June 13th last year. If there is such trouble getting a game patented nowadays, how does one protect his game before shopping it to a casino or one of the major game distributors? What action do you take to prevent theft of your game if patent law is not an option?
Felt patents are not "invalid" per se - they're in temporary limbo where they'll probably be cleared to be issued, with a chance that gaming patents are all over, finished. We'll know by the end of the year.
Quote: TucsonSteveAlso, in general, even if you're pessimistic about the final patent, is applying for a provisional patent enough to start showing your game to DEQ or Galaxy or a casino?
Yes, it will suffice as protection until the Bilsky matter is decided.
He's not asking about provisionals, but how do you protect your idea long term, if you don't expect a patent will be issued.
Quote: DJTeddyBearSocks -
He's not asking about provisionals, but how do you protect your idea long term, if you don't expect a patent will be issued.
Quote: TucsonSteve... Also, in general, even if you're pessimistic about the final patent, is applying for a provisional patent enough to start showing your game to DEQ or Galaxy or a casino?
His (second) question seems, at worst, ambiguous in this respect. I took it to mean that "you're pessimistic" but not ruling it out entirely, and given that, how does a provisional compare. That seems the most natural interpretation to me since he wouldn't expect a provisional to provide protection if a full patent does not.
Quote: DJTeddyBearSocks -
He's not asking about provisionals, but how do you protect your idea long term, if you don't expect a patent will be issued.
You can't protect a new game - not without patents being allowed. Patents are now in a more grey area now, but still hold up. Trademarks and copyrights help, but then stealing a game then becomes a game of name-changing, not hard to do.