Can gamecontrols be patented? are they protected by copyright?

News & General Discussion
1

I think i’ve had an idea that is a verry good control scheme for ios games… could i patent this? or is it protected by copyright?

If i made a game using this idea is it in anyway protected? or could other devs steal the controll scheme?

I guess if the “slide to unlock” could be patented this could aswell, but im realy unsure. If i do need to patent it then ill keep a record of it untill im 18 :slight_smile: as i doubt a patent lawer would take notice of a kid.

(I would post my idea here but its a public forum so you no i dont wish for the world to no)

Thanks,
Tyler

2

Ask game development questions on a game development forum.

Ask for legal advice from a lawyer.

3

Maby, ask for a game related, legal question on a game development forum as others may have been in the same situation?

4

Agreed, contacting a Patent lawyer is your best option. Be warned that it can become very expensive and may never actually come to fruition (many patents sit in a dormant pending state for years on end).

If it really is a fantastic new idea, why don’t you make an awesome game that takes full advantage of it and get it out there? Sure it’ll get copied but you’ll make a great name for yourself and it’d be more profitable than trying to hold onto it.

5

Please don’t be a part of the patent system, it does nothing but hinder the progress of game-development in general. If you have a great idea, and make a great game - you will be rewarded - and as many has noted, the danger of someone stealing your work is much much smaller than the danger of your game fading into obscurity. So I would focus on making the game be its best, instead of being paranoid.

6

Even if you could patent your “unique” idea, patents mean nothing if you can’t actually afford to take the infringer to court.

7

+1

8

It could probably be patented, if it’s not been done before, but it’s a bit of a dick move.

The vast majority of software patents are harmful rather than helpful.

If your control scheme is that good, just put it in a game and release it.

9

Maby in half a year or so.

10
11

why would you wanna do this its selfish

12

Relax guys it’s only titanty.

His new wonderful never been done before control scheme has probably been done in one of the hundreds of thousands of games available between iOS and Android.

13

I dunno about being able to patent some unique control scheme, but it seems like it would be on par with the whole “Edge” debacle: TIGSource » TIGArchive » Tim Langdell and EDGE: Part Two

To clarify: Not that I’m saying it would be ‘on this scale’ but if you happen to wind up finding that ‘one guy’ that already made a ‘similar enough’ control scheme and you get into a dispute with them, it starts boiling down to who made more money with their game or who can afford the better attorney.

14

/sigh… how many times I’m going to answer this same question… You know there is a search tool in these forums, right?

Anyways, lets rephrase, yet once more and add some topic specific points. First out with the basic:

Your input idea is not unique. I bet it’s a variation of one of the following:

  • Virtual buttons/sticks/dpads.
  • Swipes.
  • Tilt/balance.
  • Gestures.
  • Camera recognition.
  • Volume button being used as game buttons (disallowed by Apple, won’t ever be approved.)
  • Bluetooth connected controller.
  • Virtual controls in a secondary device, syncing via Wi-Fi or Bluetooth.

The slide to unlock is a gesture. Yes, it got patented. But:
The patent was filed for in 2006. Back then the concept was actually new. Today it’s just a slight variation of existing stuff meaning it’s unlikely to be approved. Also, note it was awarded in 2010. That’s 4 years later. To put it in perspective, you were 10 years old.

Also the patent filing document is a 35 page document carefully crafted by the best patent lawyers Apple was able to pay to make sure the thing didn’t get rejected. Patents can often spend 10 to 16 years bouncing before they get approved.

Now let’s go back to you and let’s say you managed to actually manage to make something new, like a psychic connection that requires no new hardware. You will need to pay a lawyer to get you a nifty document to bloat it with legal padding. A simple slide to unlock required 35 pages. You can imagine how long you’re likely more complex idea would take. It will be a minimum of 5k in lawyer fees. Then there are the filing fees, which are also very complex because they depend heavily on the document and the number of claim bullet points in it. I hear a ballpark of 3k is about right, but can easily jump to 4k.

So with lawyer involvement and filing fees and making room for error, let’s say you have 10k to toss around, and 4 years to waste waiting for the patent to be approved. What do you think you will do then? Sue anyone that used it? Tracking down infringements will be hard, for starters. You will likely have to either just pursue indie gamers that can’t afford lawyers and will go bankrupt before being able to pay you a cent or large companies with better lawyers than you.

During those 4 years (and I remind you, that’s being positive, it may be up to 16 years) the patent won’t be protecting you from any potential lawsuit coming your way.

Point being? It’s useless. The entire process is a waste of time and money unless you are a huge company that is stockpiling patents in an attempt to roadblock other companies from competing with them. As an individual this is not a viable tactic, you must have lawyers in your payroll (as full time employees) for this to be even remotely viable.

15

Also patents are only effective in the country for which they are granted, so you would need to file patents in every country to truly protect your “unique” idea. Let us know when you have calculated the exact amount you need to file all those patents and we will tell you your virtual joystick that is also a button is not going to make you a millionaire.

16

Yeah yeah yeah. Can we hear about the idea now Titanty :slight_smile:

17

At a rough estimation, it should cost $20,000 aus dollars to patent worldwide correctly, as it is a ui + gameplay you will probably need 2 patents to cover it, and the fees aren’t refundable if your patent is rejected or contested with success.

Basically a patent can only be fair if it is for an actual invention for a little guy. It favours big companies for software.

It is my sincere wish that all forms of software patent are removed one day. It does not encourage innovation because that innovation to outdo the competition is already there in the field of software.

Copyright, yes
Patent, no!

18

You do have the option of selling your idea to a big firm for patenting - either a game company or a dedicated patent management firm. They usually pay you to transfer existing patents, but they might also be able to make new filings if your idea really is unique. However, you lose all rights to the idea this way - you’ll get a lump sum.

I too feel uncomfortable promoting patents for game mechanics. However, if you truly believe your mechanic to be novel, you may want to cover yourself by writing it up and taking it to a lawyer, so at least if somebody else patents it later on you can prove that you came up with it first. You still don’t get the patent, but you avoid having to pay them license fees.

19

Software patents are an affliction on the industry, dont spread it

20

I heard somewhere the ballpark price patent management firms (PC for Patent Trolls) pay for patents is in the 10k range. That barely makes up for the costs of getting your patent and the time invested… actually that comes way under if you consider time wasted. Also these firms won’t just buy any patent, they pick patents that have broad enough wording they can use to sue people. They don’t care for the actual value of the patent’s originally. Actually the lest original the best for them since that means they are more likely to sue a bunch of other people.

But even that has risks. Do the transfer wrong and the patent troll you sold your patent to may come after you for licensing fees. You will need a lawyer in the deal that looks after your interests.