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Can i patent a card game useing a standard deck. if not,why?

San Antonio, TX |

would i have to change the standerd cards? if so how much would have to change them or add them as not to infrenge on any other patents or copyrights?

Attorney Answers 4

Posted

Card games using a standard deck have been granted patent protection. See some of them here: http://j.mp/cardpatents .

Recent changes in the way patent law has been interpreted has, however, dramatically limited the grant of all "method" patents -- including methods of playing a card game.

Nonetheless, only your own patent attorney can provide you with any actionable advice as to whether your particular game is patentable -- or whether it could be changed or adapted for electronic play. Good luck.

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Posted

To add to the good advice given to you by attorney Ballard, one of the first steps would be to run a novelty check on your invention to see what other patents have been granted in this particular field and to evaluate if your invention is patentable and worth pursuing. These searches generally cost between $500-$1000. I agree that it would make sense to retain a patent attorney to advise you.

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Posted

To add to the previous questions, you can do a search yourself. Although it will not be as thorough as a professional search, if many people have invented something similar (or the same as) your idea, a prior invention may be fairly easy to find. The U.S. Patent and Trademark Office website is a good place to start. It's at http://patft.uspto.gov/. You can search for both issued patents and published applications. The instructions for searching are pretty easy to understand. I would start by using some broad terms like "card game" in the abstract field, then seeing if the titles of the inventions are suggestive of your invention. Using the abstract will eliminate many nuisance hits from unrelated inventions. The search will result in a listing of patent numbers and the titles of the patents that you can click on to read the text and see the bibliographic data for the patents. With a little practice, and by using additional terms that can narrow your search, you can get a rough idea of how many people are thinking along the same lines as you. Unfortunately, the only conclusive result you can get is if you find a patent (or published application) that is the same as, or very close to, your idea. If you don't find anything close to your idea, you can still not be certain that your idea is truly new, or in patent law terms, "novel". If you happen to find a prior patent or application that is close to your idea, you will probably need a patent lawyer to help you determine if the prior art will prevent you from getting a patent, if you decide to move forward.

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Posted

Yes, new card games can be patented, even if they use a standard card deck.

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