PATENTS - PROVISIONAL OR OTHERWISE.

I have developed two casino games and was looking to produce provisional patents in order to enable me to contact distributors to see whether my ideas had any commercial merit. However, I read that patents are no longer being issued for casino games. With this in mind, I'm not sure what my next step should be. Should I just mothball them and see what happens in the future? Should I take out provisional patents and continue with my initial approach, in the hope that were they commercially viable, an experienced patent attorney could draft patents in such a way as to get them passed?

I've been trying to get my head round the following - and how I might frame my game ideas in order to comply. For instance, could a table felt be considered the physical apparatus?

"A purely mental process is not patentable. A process claim reciting an algorithm or abstract idea is patentable only if it is embodied in, operates on, transforms, or otherwise involves another class of statutory subject matter, i.e., a machine, manufacture, or composition of matter. Mental processes standing alone are not patentable, even if they have a real world application.

Court opinions define that a process is eligible for patent protection if:

(1) it is tied to a particular machine or apparatus, or

(2) it transforms a particular article into a different state or thing.

Thus, Isaac Newton could not have received a patent for discovery the connection between force and mass (one of those equations you learned in basic physics, F = ma). However, you might be able to patent an application of a mathematical formula or a law of nature, IF it otherwise meets the patent requirements."

Would I be right in thinking that were I to invent Rush Poker tomorrow, i'd be able to obtain a patent as the game is computer based, i.e. software?

Any discussion on this subject is greatly appreciated. Obviously, I'd be particularly interested to hear what Rich Newman has to say on the matter.

Provisionals are a good thing because, as you point out, they protect you enough that you can talk about your idea.

And, they are written in plain english, and only cost about $110 to file.

The bad part of them is that if you don't file your utility patent within 1 year, your idea becomes public domain. The other bad thing is if you write it poorly, it may be worthless.

I can't really answer your other questions.

However, I suggest you contact Rich Newman. He's the gaming patent lawyer that I use, and several other members have used. And he's a lawyer, which means, if you tell him your idea, even during a *free* consultation, he's bound by lawyer-client confidentiality.

I think you've strayed into an area where free advice on an Internet forum isn't what you want. You should really speak to an attorney like Rich or Jon -- and be prepared to pay for some time if your consultation is of meaningful length. Making the investment to hire professionals is what separates the wannabe kitchen table inventors from those who are serious about monetization.

Specifically to your table felt question -- and bearing in mind that I am not an attorney and this should not be construed as legal advice -- no, I believe a table felt is not an apparatus. Nothing in your game method requires a table to be covered by a cloth layout as opposed to, say, painted wood or engraved marble. There are procedural reasons to use a slightly padded table; e.g. it makes picking up cards easier. But if your method is generically (1) make a bet, (2) deal some cards, (3) the player does something, (4) the dealer does something, (5) take/pay the wager, then you can clearly do that without a felt-covered blackjack table.

I have to agree with DJ & ME, if you want an answer you can rely on to make a fairly big decision on if/how to move forward, you are going to have to engage Rich Newman or Muskin.

That cost will be a minor one on a long journey of time and resources in determining if your games are good ones.

Actually....

Provisional patent applications do NOT ever become public till you use them in a non-provisional.. And, they are $125 now... and it was designed by Congress to give individual inventors a chance at bringing their inventive ideas to market easily. It is SUPER EASY to do..

To see the top 10 reasons to file a Provisional Patent Application please watch the second video in this blog.
http://www.filepatentapplications.com/blog/

If a provisional patent application looks like the right thing for you to do then take a look at another website that shows EXACTLY how to file one using a video format.
http://provisionalpatentvideo.com/

If you need to know how to get your product sold on TV or to Costco, or Home Depot, or Target and the like then you might also enjoy reading this information by the Ginsu Knife guy! It is pretty cool. He gives you all his contacts and personal email!
http://bit.ly/GinsuKnifeGuy

Of course you could ALSO just go to the US Patent Office and figure out how to file a patent yourself. Here is the link..
http://www.uspto.gov/patents/process/index.jsp

The flow chart there is pretty nice to give you an idea how to do what you want to do!

Their patent search is hard to use and you need special programs to look at the patents… Instead, consider using Google Patent Search!

Here is how you can use Google Patent Search to search for an "Oscillating inertial microbalance"

Just type the term you want to search for in the search box. Play with MANY variants of your inventive idea.

Also, for a more global patent search look here:
http://worldwide.espacenet.com/advancedSearch?locale=en_EP

Remember... Patents are MOSTLY "Improvements" on other inventions.. So, while you may see something SIMILAR to your inventive idea it does not mean that you cannot patent your IMPROVEMENT.. Example... A tire is an IMPROVEMENT on a wagon wheel. A radial biased ply tire is an IMPROVEMENT on a non radial biased tire. There are over 10,000 patents on tires... Nearly every single one is an improvement!

And… a special gift for you is a sample Non Disclosure (also called an NDA) that you would have folks sign when you show them your inventive idea. You can change it up and use others but if you have NOTHING now it is a very good start written by my lawyer who charged me a TON for it!
http://www.4lowprice.info/images/NDA_GeneralMutual.doc

Extremely grateful for all the considered replies. Given me lots to think about. And to Dave, many thanks for the links, they made for interesting viewing/reading. Cheers once again guys.