The importance of intellectual property protection: It’s all fun and (video) games until a competitor steals your ideas

While most businesses know that they should protect their intellectual property (IP), many are unaware of which form(s) of IP best suit their business. One industry in particular where IP protection is often underutilized is the video gaming industry.

Many video game developers rely solely on copyright to protect their games. However, while copyright may be effective against pirating and in protecting artistic elements of a game from being substantially copied, copyright may be relatively ineffective in protecting technical innovations.

Patents can offer strong IP protection for technical innovations. Patents allow a patentee to prevent competitors from using their inventions for up to 20 years. In the context of video games, patents may be applicable to physical inventions such as novel controllers and other peripherals, but also software innovations within the video games themselves.

You may have heard that “software isn’t patentable.” This is not true. Software can be patentable if it solves a technological problem. In video game development, patentable subject matter can include back-end software, such as improvements to rendering technology or audio localization, and front-end software, such as accessibility or communication innovations that improve how information is conveyed to the player. In some cases, even game mechanics themselves may be patentable.

Developers may choose to complement patent protection with the careful use of trade secret protection. Trade secrets may be employed to indefinitely protect innovations that can effectively be kept secret. In video game development, this may include, for example, server architecture and server-side code that cannot be accessed by players.

In many cases, a game or studio’s brand is as valuable as any technological innovation. Trademarks may be used to protect distinctive branding elements, including studio names, game titles, character names, logos and even distinctive character art.

Industrial design protection may also be considered in some cases. Industrial designs protect novel ornamental design features. In the case of video games, industrial design protection may be available to protect graphical user interfaces.

Regardless of industry, it is important to consider whether your business is properly protecting its IP. If your business is not currently doing so or is due for a review of what IP it could be protecting, intellectual property lawyers at Oyen Wiggs can help you develop and implement an appropriate IP strategy.

About Oyen Wiggs

Oyen Wiggs is a Vancouver-based independent intellectual property boutique law firm. Our experienced patent lawyers have the scientific and technical expertise to truly understand our clients’ innovations and help them secure protection worldwide.

Learn more at patentable.com

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