I keep being told casino games cannot be patented anymore

I've spoken with about 3 lawyers of late and each of them have told me that casino games cannot be patented anymore. Is this true?

Yes. They're no longer patenting a "recipe" of rules. You need to have a device or custom deck of cards to have a shot.

Unfortunately casinos don't like customized decks or new devices, so this is tough.

Thanks
I'm in a situation where an online casino is interested in my game, however, to submit it and sign the contract, I need a patent. Is it possible to patent it in others regions of the world? I've been told the US, Europe, and Aus won't accept patents for casino games so I was wondering whether I could get around this by patenting it in another region of the world.

Quote: kingcreights

Thanks
I'm in a situation where an online casino is interested in my game, however, to submit it and sign the contract, I need a patent. Is it possible to patent it in others regions of the world? I've been told the US, Europe, and Aus won't accept patents for casino games so I was wondering whether I could get around this by patenting it in another region of the world.

It's usually a multi-year process to get a patent granted. If your online casino client actually requires an issued patent (as opposed to just a filed application) they'll probably be waiting more than two years. If they only want a filed application, just file an application...

USPTO median patent pendency for issued patents:

I tried submitting a casino table game PPA on legal zoom. For 199 they will send me a PPA packet WOW For $589 a lawyer will help me with it. Of course this does not include filing fees.

I wouldn't use a service like that for a niche industry like gaming. If you're willing to invest money, hire an experienced gaming attorney. If you're not willing to invest money, either punt or go read the Nolo Press books and try to do it yourself. You'll most likely fail, but you're only out the time. But trying to hire a generic attorney on the cheap is your worst option of the three -- for $600 you'll most likely be paying for a novice who doesn't know the gaming business at all.

the last couple of comments brings me back to the original question. You are writing as if table games can still be patented yet, the lawyers I've spoken to say they cant, as did the original response in this thread.

Quote: kingcreights

the last couple of comments brings me back to the original question. You are writing as if table games can still be patented yet, the lawyers I've spoken to say they cant, as did the original response in this thread.

If, on this board, you haven't pmed jon muskin or rich newman, you haven't heard what you need to hear either way. I suggest you google here for current content, or check the wizard's professional reference page. Perhaps someone will provide either as a third party referrer.

Both of them have, in the past, provided an initial consultation for free. Can't speak for either, though.

Recommend either very highly.

As I mentioned I have spoken to patent attorneys and they've told me that table games can't be patented. Yet when I read through the posts in these forums people are constantly speaking of lodging patents. I just don't get it.
Anyway thanks for the response.

But have you spoken to pattent attorneys that specialize in casino games? Jon Muskin and Rich Newman are THE go to guys in that department.

Quote: kingcreights

As I mentioned I have spoken to patent attorneys and they've told me that table games can't be patented. Yet when I read through the posts in these forums people are constantly speaking of lodging patents. I just don't get it.
Anyway thanks for the response.

SM777's response answered your question. Unless you have some novelty(e.g. a novel deck of cards or device) attached/associated to/with the game, it is virtually impossible to get a patent after the most recent Smith decision. That said, if you do pass the Alice factors, it is possible to get patent protection. However, with a clever victory on that front comes a number of other hurdles as also mentioned by SM777.

ME directed you down a different road, directly answering your situation. The advice given by him was on point, as always.

Quote: kingcreights

I've spoken with about 3 lawyers of late and each of them have told me that casino games cannot be patented anymore. Is this true?

Table game can still be patented, but it is much more difficult now due to recent SCOTUS and Federal Court precedent decisions. The big question is, is your specific game patentable? If you have strong conviction that your game invention is “novel”, you might want to seek a 4th opinion from patent lawyer with experience in casino game , or take a risky route and tell any of the 3 lawyers that had reviewed your game invention to go ahead proceed with submitting patent application for your game invention.

Quote: kingcreights

As I mentioned I have spoken to patent attorneys and they've told me that table games can't be patented. Yet when I read through the posts in these forums people are constantly speaking of lodging patents. I just don't get it.
Anyway thanks for the response.

Lots of stuff is patentable. Whether your particular game is patentable has more to do with (a) your game and (b) your patent attorney than blanket assertions like "patent attorneys have told you table games can't be patented."

I mean, you can't go out and patent roulette but that hasn't stopped people from trying. In your particular case, if you stand to make some money from an online casino and that casino only wants to see a filed patent application, go file the patent application.* Very few game inventors even get as far as interest from an operator, let alone seeing a royalty check. If you keep your costs down and actually make some money, you'll have a profitable investment. Again, almost nobody in this space has made a profit on their games. If you have the opportunity to join the club, take it.

*However, if the casino has told you that they require an issued patent rather than just an application, you may want to reconsider. That opportunity won't be there in the 2-3 years it will take you to get a patent issued, even if you succeed in doing so.

Quote: beachbumbabs

If, on this board, you haven't pmed jon muskin or rich newman, you haven't heard what you need to hear either way. I suggest you google here for current content, or check the wizard's professional reference page. Perhaps someone will provide either as a third party referrer.

Both of them have, in the past, provided an initial consultation for free. Can't speak for either, though.

Recommend either very highly.

Rich Newman is great to work with. He is very knowledgeable and he is able to help in so many ways. Highly recommend Rich.