|
Back in 1980, I was granted a US Copyright for a
board game. The minimum number of copies were
published to secure the copyright (2). These were
the only ones ever published, as I never pursued it
commercially. During the copyright process, I also
looked into securing a US Patent for the game, but
advice received at the time discouraged me from the
patent process. I was told that it was very unusual for
a patent to be issued for a board game, and that a
copyright would be sufficient protection against
intellectual theft. So, I never applied for a patent.
I have recently discovered that a group of 3 men
secured a US Patent in 1985 for a board game that
is 100% identical to my play board, and about 90%
identical to my rules (the other 10% being additional
rule variations for similar games for the play board).
What is my legal position? Does a US Patent override
a US Copyright? If not, I would have thought a "patent
search" should also include a "copyright search" for
possible infringements, especially for board games (since
the vast majority are only copyright protected). Would
this be a failure of the patent attorney who performed
the search, or is it a failure of the US Patent Office?
Any advice will be greatly appreciated!!!
Thanks in advance...
Klaatu
"I'm not concerned, Mr. Harley, with the
internal affairs of your planet. My mission
here is not to solve your petty squabbles."
The Day The Earth Stood Still - 1951
|
| |
| |
Any advice will be greatly appreciated!!!
One problem I see is that, even after two and a half decades, neither you nor
the other 3 guys have been able to make any money off the game. Hence the
damages are likely to be minimal :-)
Another problem is that you would need to prove that both you and your rivals
were not using a common source for the game (i.e., that you gotta prove that
they were ripping YOU off rather than ripping off some third party whom you
also ripped off independently.)
And, a final problem is that you would have to show that they actually saw your
game in the first place.
*****
Tim Horrigan <horrigan@aol.com>
*****
|
| |
| |
I guess you could rule the other patent invalid since your 1980 copyright
counts are "previous art" and disclosure.
"Klaatu" <klaatuatfreeukdotcom@removeandreplacetheohsoveryobvious.com> wrote
in message news:401d0869$1@news.greennet.net...
Back in 1980, I was granted a US Copyright for a
board game. The minimum number of copies were
published to secure the copyright (2). These were
the only ones ever published, as I never pursued it
commercially. During the copyright process, I also
looked into securing a US Patent for the game, but
advice received at the time discouraged me from the
patent process. I was told that it was very unusual for
a patent to be issued for a board game, and that a
copyright would be sufficient protection against
intellectual theft. So, I never applied for a patent.
I have recently discovered that a group of 3 men
secured a US Patent in 1985 for a board game that
is 100% identical to my play board, and about 90%
identical to my rules (the other 10% being additional
rule variations for similar games for the play board).
What is my legal position? Does a US Patent override
a US Copyright? If not, I would have thought a "patent
search" should also include a "copyright search" for
possible infringements, especially for board games (since
the vast majority are only copyright protected). Would
this be a failure of the patent attorney who performed
the search, or is it a failure of the US Patent Office?
Any advice will be greatly appreciated!!!
Thanks in advance...
Klaatu
"I'm not concerned, Mr. Harley, with the
internal affairs of your planet. My mission
here is not to solve your petty squabbles."
The Day The Earth Stood Still - 1951
|
| |
| |
Klaatu wrote:
Back in 1980, I was granted a US Copyright for a
board game. The minimum number of copies were
published to secure the copyright (2). These were
the only ones ever published, as I never pursued it
commercially. During the copyright process, I also
looked into securing a US Patent for the game, but
advice received at the time discouraged me from the
patent process. I was told that it was very unusual for
a patent to be issued for a board game, and that a
copyright would be sufficient protection against
intellectual theft. So, I never applied for a patent.
I have recently discovered that a group of 3 men
secured a US Patent in 1985 for a board game that
is 100% identical to my play board, and about 90%
identical to my rules (the other 10% being additional
rule variations for similar games for the play board).
What is my legal position? Does a US Patent override
a US Copyright? If not, I would have thought a "patent
search" should also include a "copyright search" for
possible infringements, especially for board games (since
the vast majority are only copyright protected). Would
this be a failure of the patent attorney who performed
the search, or is it a failure of the US Patent Office?
Any advice will be greatly appreciated!!!
Thanks in advance...
Since the 2nd game is "identical", what does that lead us to believe?
That somone who had seen the published boards, found out there was no
patent, so they decided to go that route.
Since the copyright existed BEFORE the patent, and the patent was not issued
to the copyright holder, the courts could very well see this as
infringement.
As you have proof that your version existed first, that would "over ride"
the patent.
However, the patent holder could lay claims as to "an improvement upon" the
original in the variations of the rules.
Since neither has been marketed, and the patent is only good for 17 years,
chances are the patent is totally useless and not worthy of a fight.
For legal advice hire an attorney.
|
| |
| |
Klaatu wrote:
Back in 1980, I was granted a US Copyright for a
board game. The minimum number of copies were
published to secure the copyright (2). These were
the only ones ever published, as I never pursued it
commercially. During the copyright process, I also
looked into securing a US Patent for the game, but
advice received at the time discouraged me from the
patent process. I was told that it was very unusual for
a patent to be issued for a board game, and that a
copyright would be sufficient protection against
intellectual theft. So, I never applied for a patent.
I have recently discovered that a group of 3 men
secured a US Patent in 1985 for a board game that
is 100% identical to my play board, and about 90%
identical to my rules (the other 10% being additional
rule variations for similar games for the play board).
The play board being 100% identical is a big issue.
IMHNLO (In my humble non lawyer opinion) you could sue
for statutory damages. It would probably not be necessary
to prove that they had access (of course, this could be
wrong if your play board is not really unique, like just
a map of europe or etc.).
In general, a game's rules are "ideas" and not
copyrightable, but the specific wording you used to
describe those rules is copyrightable.
What is my legal position? Does a US Patent override
a US Copyright? If not, I would have thought a "patent
search" should also include a "copyright search" for
possible infringements, especially for board games (since
the vast majority are only copyright protected). Would
this be a failure of the patent attorney who performed
the search, or is it a failure of the US Patent Office?
Patents and copyrights cover completely different
things. (Well almost completely different)
Copyrights cover the specific mathod of
expressing ideas (like your wording of the rules),
and works of visual art (like the board) patents cover
the rules themselves.
It's interesting to contemplate how one would go
about enforcing a patent on a game. It would not
be illegal to sell the game or make copies of
it. It would only be illegal to actually play
the game. So the patent holder would have to
recruit "spies" or something.
As for the possible failure of the patent office,
the patent office fails so often that it's hard
to call it a failure anymore, rather than just
business as usual.
Any advice will be greatly appreciated!!!
Thanks in advance...
Klaatu
"I'm not concerned, Mr. Harley, with the
internal affairs of your planet. My mission
here is not to solve your petty squabbles."
The Day The Earth Stood Still - 1951
|
| |
| |
In article <dGhpc2lzbWU=.0fa0e63a3704125057db7a738c5ae277@1075755773.nulluser.com> thisisme <thisisme@cotse.net> writes:
It's interesting to contemplate how one would go
about enforcing a patent on a game. It would not
be illegal to sell the game or make copies of
it. It would only be illegal to actually play
the game. So the patent holder would have to
recruit "spies" or something.
You sue the game producer for contributory or inducement of infringement.
You probably have to show that there is at least one direct infringer.
As for the possible failure of the patent office,
the patent office fails so often that it's hard
to call it a failure anymore, rather than just
business as usual.
The registration records of the Copyright Office are not organized
to do a novelty search like those of the Patent and Trademark Offices.
It should not be surprising that they are not searched to see if
there is prior art in a registered copyright.
|
| |
| |
Klaatu wrote:
Back in 1980, I was granted a US Copyright for a
board game. The minimum number of copies were
published to secure the copyright (2). These were
the only ones ever published, as I never pursued it
commercially. During the copyright process, I also
looked into securing a US Patent for the game, but
advice received at the time discouraged me from the
patent process. I was told that it was very unusual for
a patent to be issued for a board game, and that a
copyright would be sufficient protection against
intellectual theft. So, I never applied for a patent.
I have recently discovered that a group of 3 men
secured a US Patent in 1985 for a board game that
is 100% identical to my play board, and about 90%
identical to my rules (the other 10% being additional
rule variations for similar games for the play board).
What is my legal position? Does a US Patent override
a US Copyright? If not, I would have thought a "patent
search" should also include a "copyright search" for
possible infringements, especially for board games (since
the vast majority are only copyright protected). Would
this be a failure of the patent attorney who performed
the search, or is it a failure of the US Patent Office?
Looking through the replies: For a copyright infringement
claim, you would have to demonstrate that they had
access to your board (or must have had access to
your board).
If anyone was interested in attacking the patent, your
copyright proves "prior art", so the patent is invalid.
However, it's also expired. (The term was 17 years from
issue at that time, which brings it to 2002.)
So: Only if the new guys file a patent infringement suit
against someone for "infringement" while the patent was
active, you can provide conclusive evidence that the
patent was NOT valid. However, I don't think you can
file a suit to rescind a patent without a potential
controversy.
But I'm not a lawyer.
If you post the patent number, you might get more
detailed responses.
|
| |
| |
Lee Hollaar wrote:
In article
<dGhpc2lzbWU=.0fa0e63a3704125057db7a738c5ae277@1075755773.nulluser.com>
thisisme <thisisme@cotse.net> writes:
It's interesting to contemplate how one would go
about enforcing a patent on a game. It would not
be illegal to sell the game or make copies of
it. It would only be illegal to actually play
the game. So the patent holder would have to
recruit "spies" or something.
You sue the game producer for contributory or inducement of infringement.
You probably have to show that there is at least one direct infringer.
Since it is a patent, there would have to be a
description of it at the patent office, somebody
who wanted to play it could just download that
description, cobble together a copy, and play
it with some friends. This would be really hard
to detect. One of the friends would have to
be a snitch. But you are right, with the
understanding that the producer and the direct
infringer might be the same person.
|
| |
| |
Thanks to everyone for the responses and
info...it's been very helpful!!!
--
Klaatu
"I'm not concerned, Mr. Harley, with the
internal affairs of your planet. My mission
here is not to solve your petty squabbles."
The Day The Earth Stood Still - 1951
|
| |
| |
|
