Creating your own video game or designing one can be one of the most engaging and creative endeavors you take on.
Whether you’re working solo in your own game dev company or are someone with creative interests in mind and want to work on something publishable, the skill of game dev provides the opportunity to combine storytelling, tech, artwork, gameplay, and usability in one single venture.
However, there’s another serious but less acknowledged aspect of game development that many first-time developers often miss, namely patent matters.
The world of patents applies to the gaming industry — especially with the increase in interactivity and realism in many games that people from all walks of life enjoy. Various game dynamics and technological solutions have been patented, and the failure to comply with those patents can plunge you deep into legal conflicts and legal battles.
Whether you‘re going to sell your completed game, pitch the idea of your game to someone in this industry, or even release the game independently, you should consider the following five things about patents in the gaming sector.
1. Learn Whether Your Game Mechanics Have Been Patented Before
Among the most common misconceptions in game development is the thinking that gaming mechanics can’t be patented. However, this is not true. Many of the game mechanics are indeed patented — notably those that are more technology-related or involve the internet, physics simulations, or novel gameplay inputs.
If your game depends upon a unique gameplay loop, a specialized approach towards interacting with the outside world, or a new character control system, conduct a patent search to discover whether or not you could be violating another’s patent.
Game developers are aggressive about upholding their patents. If you violate a patent, whether purposefully or ignorantly, the financial fallout could be considerable. You might be forced to pull your game from the market and pay a hefty penalty.
It’s worth talking to a patent expert like EureakaSoft if you’re unsure about what to do and want to avoid problems. Speaking to a patent expert is less expensive than violating a patent and dealing with drawn-out court cases, expensive penalties, and reputational harm.
2. Know When Your Innovation Is Patent-Worthy
Many indie game development shops or small developers don’t appreciate the fact that they, too, can protect many of the ideas from their own games through patenting. The point here is that if you create something different, like an online match system, AI, or even just a control system in a virtual reality game, you can patent this.
Patents will grant you exclusive control over your innovation, protect you from being copied by your competitors, and increase your game’s value to investors or publishers.
3. Understand Patented Game Interfaces & UI Components
Game interfaces, including menus, control layouts, touchscreen inputs, heads-up display components, or interaction mechanisms, may also be subject to patent protection. This often surprises game developers, who consider interfaces simply standard components when thinking about game development. However, interface mechanisms like the processing of gestures or visual notifications have been patented in the industry.
Often, the best course of action simply involves changing the process or finding another way of doing essentially the same thing. However, this can only be done if you’re aware of the patents that are in existence before you complete your own design.
4. Online Systems, Matchmaking, and Server Processes May Be Patented
With the rising trend in the gaming industry from solo experiences to multiplayer, patents regarding networks and server procedures have seen a phenomenal increase. Even server connection procedures and matchmaking ranking are now patentable.
Even if your game incorporates internet functionality, you should make sure that this process doesn’t copy another patented system from existing games.
However, if you’re developing your own system online, this may also be the best time to look into patenting your own system.
5. Stop ‘Patent Troll’ Issues Before They Begin
The patent troll – an entity that holds patents solely as harassment tools – is unfortunately also found in the world of gaming. Often, patent trolls target small developers because they assume those developers lack access to legal firepower to defend themselves.
You can protect yourself by thoroughly documenting your development process, performing patent searches early, seeking legal advice regarding any novel mechanism, and ensuring all of your tools and assets are licensed correctly.
Although you cannot prevent patent trolls from trying their luck, there are ways you can safeguard yourself so that the patent troll’s allegations are relatively easy to debunk.
Producing video games involves many things — and one of them is patents. Understanding patents protects developers from possible challenges. The more ready you are, the more confident you’ll be in creating and launching your game.
Technologically driven industries like the gaming industry require not only the creation of ideas but also the protection of those ideas.
