Can a table game be patented

I've invented a new game and it plays really well. I've crudely done the math and the house advantage fits. I've worked in the casino industry for years and I just know the game works. I contacted a patent attorney in the US and he said, (as I understand it) that table games cannot be patented, only electronic versions can.

I'm totally confused. I have a great game, and I'm willing to take it to the next step of getting the mathematics professionally done, and the game patented, however, I'm totally lost about the patent process.

Any help would be greatly appreciated.


kingcreights

I believe there are some members here (or at least one, I think?) who do table game patents. I can't remember their usernames off the top of my head.

I suggest you contact beachbumbabs, as she has had at least one game patented, and would probably be a good place to start -- at least ask what the process is and to whom you should speak with or seek out.

This is a hot topic right now as some recent court decisions have made it harder/impossible to patent things are are just methods, like a way to play a game, as opposed to a physical item. So, it seems to me that game inventors are getting around the law by tacking on an optional electronic component, like a progressive side bet. Others will just say that the game can be played online, and say the computer is the physical entity. If this is wrong, I welcome correction.

Quote: kingcreights

I contacted a patent attorney...

Does he normally do casino game patents?


Talk to a lawyer who specializes in casino game patents.

Two qualified lawyers that get mentioned around here a lot are:
Rich Newman
Jon Muskin

Quote: kingcreights

I've invented a new game and it plays really well. I've crudely done the math and the house advantage fits. I've worked in the casino industry for years and I just know the game works. I contacted a patent attorney in the US and he said, (as I understand it) that table games cannot be patented, only electronic versions can.

I'm totally confused. I have a great game, and I'm willing to take it to the next step of getting the mathematics professionally done, and the game patented, however, I'm totally lost about the patent process.

Any help would be greatly appreciated.


kingcreights

Table game’s play method is considered a business method. As far as I know, business method is still patentable and there is no signal from the USPTO or legislator to “outlaws” business method patent. However, a recent Court decision on 101 Alice, which ruled that abstract idea implemented via computer was not sufficient to turn that idea into a patentable subject, had caused the USPTO to revise its guidelines on software patent. My guess is Alice has made the USPTO to rethink or scrutinize more on business method and/or business method implemented by software, and in a way the scrutiny may have resulted in a big impact on the business method patent category???

The following link is an interesting reading, and it may or may not apply to your situation.

http://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2012011084-02-26-2015-1

Quote: DJTeddyBear

Does he normally do casino game patents?


Talk to a lawyer who specializes in casino game patents.

Two qualified lawyers that get mentioned around here a lot are:
Rich Newman
Jon Muskin

creight,

Wizard is right; patent grant on game methods is difficult at best, and the electronic component is helping companies work around that while the law is in flux.

The 2 lawyers DJ listed above are both terrific and specific to the games field. Rich is my lawyer (as well as other folks on here) and Jon is also a great choice; he works with Geoff Hall and others on here too. It was my experience that Rich will talk to you initially without charging you for the consultation. Either one is responsive to inquiries on their websites.

This has also been discussed in some detail in past threads, if you haven't read back. Look in the Game Inventor's Corner about patents, especially what both of those guys have said. Rich is RichN on here, and Jon is jon . They also respond to PM's from here.

Thanks for your posts.
Its a shame that its such a difficult and confusing process.
In a strange way I'm even more confused. If for example I made a computer app for my game, does that allow me to patent it, and does that protect me from somebody else taking it.
Cheers
kingcreights

Quote: kingcreights

Thanks for your posts.
Its a shame that its such a difficult and confusing process.
In a strange way I'm even more confused. If for example I made a computer app for my game, does that allow me to patent it, and does that protect me from somebody else taking it.
Cheers
kingcreights

I'm going to say this cautiously, because I'm spending your money here...

There's nothing you've said here or in your previous posts that will either guarantee you a patent, or cause one to be denied.

You really need to talk to a patent attorney NOW and get an expert opinion. Nothing anybody said in this thread (especially me) says you WON'T get a patent, because none of us knows, none of us are patent examiners, nor are we patent attorneys, and we don't know what you're doing.

The process can take years. Doesn't mean it's not worth pursuing.

Quote: beachbumbabs

I'm going to say this cautiously, because I'm spending your money here...

Actually, I'm pretty sure both Rich and Jon will do a free initial consultation.

Quote: DJTeddyBear

Actually, I'm pretty sure both Rich and Jon will do a free initial consultation.

I am, too, but didn't want to speak for either of them.