OT? : Patent for games...

[David GLAUDE Mailing <dglaudemailing@gmx.net>]

> Concerning games, see the Vivant quotation at
>
>         http://swpat.ffii.org/archive/quotes/
>
> which is available in english now.

This is totally out of topic, ... maybe.

I am a abstract game player, also a free software writer and I fight 
against software patent as much as I can.

Long ago, I was searching if game could or could not be patented.
I found many ways to protect a game (Trademark on name, Design Patent on 
board, Copyright on rules, ...) but Patent seemed to be excluded. 
Actually if I remember well, it was excluded the same way software 
patent are.

At the time I was happy to know that something as essential as game can 
not be given a monopoly. And I forgot about this issue.

Now I am back to the patent question for software and so I choosed to 
search again about patent for game... And I discover that the horror is 
the same as for software. The "as such" as been twisted arround to make 
it possible. The wording you use to make you claim for the same 
"invention" will make it patentable or not. Patent hurt game innovation. 
Anteriority research are not done properly. You need a lot of money to 
defend your right. Monopolistic practice are use to block competition. 
Situation in US and Europe is of course different.

Does this remind you something?

I don't know under wich rational games are not patentable, maybe it is 
not technical, maybe it does not permit industrial something, maybe it 
is not a technical solution to a technical problem, maybe game are so 
important for human evolution that no monopoly should be granted for them.

I know a few famous game inventor myself, but I did not dare to ask them 
what they think about the situation for patent on game. Actually those 
inventor are also friend and it might not be a topic we will agree on.

Guess what, I believe game patent are bad. And patent for "software 
(video) game" are very bad. ;-)

So here I collected some interesting link on this totally out of topic 
subjet. If you want to take a break on software patent or are seaking 
argument or alternative thinking on the patent subject, any of those 
might help you.

I guess no-one will be behind me to fight game patent, I guess there 
will never be a directive on this subject, but if ever you hear 
something or want to participate the fight, contact me. ;-)

GAMES - CAN'T BE PROTECTED BY PATENT, RIGHT?..... WRONG!
"In case law, much emphasis has been placed on the words "as such" and 
this has led to a narrow interpretation of the restrictions."
http://www.boult.com/information/ArticlePrint.cfm?ArticleID=32

Schemes, rules or methods for playing a game are specifically excluded 
from patenting, but it may be possible to  patent original apparatus for 
playing a game in association with its rules. (basicaly if you have very 
special way of moving/stacking/capturing pieces there is a chance to 
patent this part)
http://www.intellectual-property.gov.uk/std/faq/how_protect/board_game.htm

Monopoly: Charles Darrow became the first millionaire boardgame designer 
after he sold his Monopoly patent to Parker Brothers. (That's sound odd 
but the patent is old now):
http://inventors.about.com/library/inventors/blpuzzles.htm
Monopoly: http://inventors.about.com/library/weekly/aa121997.htm
Anti-Monopoly: http://inventors.about.com/library/weekly/aa123097.htm
"Monopoly had evolved in the public domain for thirty years but once it 
fell into private ownership, its evolution stopped while chess evolved 
for two thousand years before it found its present form."
(apparently, patent are bad for game too)

Australian information, patent are not likely to protect game since most 
game are not novel in the fact that they have few new ideas:
http://artslaw.com.au/reference/gamedocedit21.11/

Patent will hurt the game industry: (about a very old patent that seems 
to cover most video games).
http://www.geocities.com/TimesSquare/Alley/7920/frame_patent.html

Fred E. Respicio seems to have U.S. Patent S/N: 5,340,113 for a "METHOD 
OF PLAYING A BOARD GAME". but maybe it is valid in the US only. ;-)
http://www.invention.com/respicio.htm

Somebody else got another one:
http://www.invention.com/gallub.htm

And how to seach US patent for board game:
http://boardgames.about.com/library/blpatent.htm

David GLAUDE

PS: If you want to play a game about patent...
http://www.geocities.com/jussen2476/index.html

PPS: Me and game http://users.skynet.be/glu/games.htm