Can I patent a online card game useing a standard deck? Can i protect world wide?: If i have to get patents from all alll coiuntries like from Kongo, Mexico or Poland, or its worted?
Matthew’s answer:
I recently received this related question from a client:
"I am looking to file a patent on a computer game I'm creating. I'm not sure what's more appropriate - a software patent or a patent on the game idea. But, I have a pretty good idea on what is patentable in my invention. I've attached a patent application that is similar to what I have conceived. I just discovered it today and had no knowledge of it prior to the conception of my invention. I have looked through this patent and its claims and have found that there are many areas where my idea differs from this one, so I believe strongly that my idea is patentable."
ANSWER
In my opinion, it's easier to patent the game itself (if it has a physical form) or the method of playing it (as they did in the patent you attached). If you want to patent the software, you have to tie the claims to something tangible, like a computer, by labelling it a "computer-readable medium."
If you have clear differences with this reference patent, especially additional elements that are not mentioned in the claims, then you probably have something patentable over it. You'll just have to fight the PTO exeminer to show none of your elements are "obvious" replacements to elements in those claims. And I'm sure your aware there is always a ton of prior art that examiners try to cite.
For the particular question here, if your patented method includes using a standard card deck, you might want to check that you're not infringing any rights of Hoyle, or that you don't have to take a license from them.
In response to the second part of the question, patents are an instrument of federal law - meaning every county will have it's own laws and issue individual patents. You can file a PCT application, which covers all the signatory countries and then enter a national phase of only the countries you've selected.
I know that it is possible to patent an idea for a business model. But is it possible to patent an...: I know that it is possible to patent an idea for a business model. But is it possible to patent an idea for a non-profit organization? Also, if I can prove that I came up with an idea for a business process before a company that currently exists that uses the process did, but I never patented the idea, can I sue the company for using my idea?
Matthew’s answer: Here's the shortest attorney answer ever...Yes, it's possible for a non-profit organization to patent an idea. To answer your second question, you may be able to sue for common law trademark infringement based on prior use or copyright infringement, but you can not sue for patent infringement without having previously secured a patent if another company is now using the process. Hope this helps!
Can a customer who purchased a product patented by my company include this product in their own patent?:
The company I work for in the US patented a process in 2001. Our company then developed a commercial product based on this process. We sold this commercial product and process to a company in a foreign country in 2006. To be clear, they bought the product as an end user. Today I found out that in 2008, this customer created their own patent in the US which clearly makes use of the product and process we sold to them. There is no reference to our original patent on their patent document, and the drawings they use in their patent document, while not specifically identifying our product by name, are obviously the product we sold to them and make direct use of our patented process.
We feel that they are infringing our patent. Are we right?
Thanks for your help.
Matthew’s answer: You would definitely need to speak with an attorney to discuss whether their is a potential infringement. If they truly do include all of th elements in your patent claims in a product they sell, there is potential infringement. However, they still may have obtained a patent that also covers your patented idea. This would entitle them to their own patent, but would require them to take a license from your company.