Key Takeaways

  • Video game patents protect game mechanics, hardware, systems, and unique gameplay innovations.
  • Patents differ from copyrights and trademarks by protecting functional and technical inventions.
  • Developers can patent not just physical controllers but also interactive mechanics like dialogue wheels or sanity meters.
  • Major studios use patent portfolios to secure competitive advantages, but enforcement can be controversial.
  • Some game patent claims may be rejected if deemed abstract or not novel.
  • Not all mechanics are patentable—ideas must be both original and non-obvious to qualify.
  • Game patents can lead to industry tension, innovation barriers, or even creative stagnation.
  • Legal counsel is highly recommended when navigating video game patents.

Game patents are government-granted rights that provide protection for the creators of games and other gaming-related products. They legally forbid parties other than the inventors to use, make, or sell the protected creations for a certain amount of time. Many games and gaming features and ideas from well-known video game companies have been patented.  

What Is a Patent?

A patent gives the inventor a strong protection that other kinds of intellectual property protections do not provide. A copyright offers protection for actual expression, while a trademark protects brand identity and business reputation. A patent serves to protect ideas.

Game Patents

Patents can be odd and complex, but they happen to be very common in the video game industry. They give the original creators of games and gaming products exclusive rights to their inventions for a specified time frame. Here are some gaming-related creations that are often patented:

  • Game ideas
  • Game controllers and systems
  • Methods and directions
  • Figurines and other accessories

Patents in the gaming industry can vary greatly in terms of significance and practicality. While some of them may be considered downright ridiculous, others may be very sensible if you have a good understanding of legal jargon. The most important patent in the gaming world is the Pong Patent, which dates back to the beginning of the industry.

Game patents enable the inventors of gaming products to monopolize to a certain extent. While they do not guarantee that the patentees will be able to commercialize their creations, they can prevent other parties from doing this. A patent is similarly powerful in the eyes of the law regardless of whether the alleged infringer is a small business or a large corporation.

What Can Be Patented in a Video Game?

While video game patents can be broad, not everything in a game is eligible for patent protection. To qualify, an invention must be novel, non-obvious, and serve a functional or technical purpose. Common examples of patentable elements in games include:

  • Gameplay Mechanics: Unique methods of interaction such as a specialized combat system or health regeneration method.
  • User Interface (UI) Innovations: Systems like BioWare's dialogue wheel or contextual button menus.
  • Networking Methods: Techniques for matchmaking, latency compensation, or game state synchronization.
  • Hardware Devices: Controllers, VR headsets, haptic feedback systems.
  • Game Engines or Rendering Techniques: Proprietary algorithms for lighting, physics, or procedural content generation.

Ideas that are abstract or too generic—such as "a game where players battle monsters"—are generally not patentable.

The Patent Portfolio

A patent portfolio consists of concepts that are actively patented as they come along. Creators and companies that take this broader approach to patenting their games, ideas, and products have a better chance of truly protecting their game fields. Their patent portfolios can be as effective as litigated patents.

Strategic Use of Video Game Patents by Developers

Larger developers often use video game patents strategically. These companies compile extensive patent portfolios to block competitors and secure licensing revenue. For instance:

  • Sony and Microsoft use their portfolios to protect hardware innovations and network technologies.
  • Electronic Arts (EA) patents gameplay innovations that form the foundation of their franchises.
  • Smaller studios might seek patents as bargaining chips during mergers or negotiations.

However, this practice has sparked debate. Critics argue that it can create "patent thickets"—overlapping claims that make it hard for new developers to innovate without infringing.

Game Patent Claims and Rejections

Game patents are by no means uniform. In most cases, they are made up of a series of claims. Every claim is reviewed individually, and a rejected claim does not necessarily lead to the rejection of all claims or the patent application as a whole.  

Challenges and Controversies in Game Patent Enforcement

While patents can offer protection, enforcement isn't always straightforward. Video game patents face several legal hurdles:

  • Abstract Idea Doctrine: U.S. courts may reject patents deemed too abstract, especially software-related mechanics.
  • Prior Art Conflicts: A new patent can be invalidated if similar mechanics existed previously, even in indie games or academic projects.
  • Enforcement Costs: Litigating patent claims can be prohibitively expensive, often favoring companies with deep pockets.

Some argue that enforcing patents on common gameplay elements hinders creativity, especially in indie development. A notable example is Namco’s load-screen mini-game patent, which limited other developers from creating engaging load experiences for years.

Unbelievable Video Game Patents You Didn't Know Existed

Namco's Patent on Load-Screen Mini-Games

Load-screen mini-games were first introduced in the 1980s. While some modern gamers are complaining about the slow load times of PlayStation games, those in the past had to endure a boot time of up to 10 minutes with their Commodore 64 computers. That is a lot worse than the few seconds it takes for a "Call of Duty" match to load up.

Load-screen mini-games were invented to prevent gamers from feeling bored while they are waiting for their games to load. Namco liked the idea of these mini-games so much that it included many of them in its games. Old arcade games such as "StarBlade" and "Galaxian" have been popping up on load screens to keep players entertained while they wait to play their favorite new games.

EA's Patent on "Mass Effect" Dialogue Wheel

The "Mass Effect" series is widely regarded as one of the greatest sci-fi franchises in the history of gaming. It is so successful because it offers great gameplay, story, freedom of choice, and dialogues. While engaging in conversations, players rotate the analog to choose a response, which can be a salutation, question, or naughty or nice response. This simple concept makes the game more enjoyable and has been implemented in the "Dragon Age" Series.

Nintendo's Patent on Character Sanity Bars

"Eternal Darkness: Sanity's Requiem" is considered a cult favorite because of its original take on the horror genre. What makes this game unique is its Sanity Meter, which measures the intensity of the Sanity Effects. When players encounter something horrifying, their characters will begin to lose grip on reality. That's when odd things begin to happen, such as the sudden appearance of new doors blocking paths, blood dripping down walls, and the GameCube console pretending to reset. Since Nintendo patented this concept, no other game has been able to present horror in a similar way.

Do Patents Help or Hurt Game Innovation?

The value of video game patents is hotly debated in the industry. While proponents argue that they reward innovation, critics claim they:

  • Stifle creativity by locking out developers from using widely accepted mechanics.
  • Contribute to legal uncertainty, particularly around emerging genres like VR or AI-driven gameplay.
  • Create market barriers for indie developers who cannot afford to license patented systems.

On the flip side, patents can incentivize investment in R&D by ensuring developers can recoup their innovations. The key challenge lies in balancing protection with the collaborative and iterative nature of game development.

Frequently Asked Questions

  • What qualifies for a video game patent?
    A video game patent must describe a novel, non-obvious, and useful invention. This can include systems, mechanics, or hardware—not just ideas or storylines.
  • Can I patent a game idea?
    No, general ideas are not patentable. Only specific, functional implementations—like how a mechanic operates—can be patented.
  • How long does a video game patent last?
    Utility patents typically last 20 years from the filing date, provided maintenance fees are paid.
  • Are indie developers at risk of infringement?
    Yes, especially when unknowingly using mechanics covered by active patents. Legal guidance is advised before publishing a game.
  • Can I patent a user interface design in a game?
    Possibly. If the interface provides a novel method of interaction and solves a technical problem, it may qualify for patent protection.

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