How Can You Safeguard Your Patents in E-gaming Industry?

Patents in E-gaming Industry
| Updated: Jan 01, 2022 | Category: Patent

Nowadays, almost everyone is surrounded by various products created or invented by another person using their intellect, hard work, and creativity and such works or products are called Intellectual Property (IP). We use a number of Intellectual Properties like songs, electronic gadgets, mobile software, paintings, etc. But one more thing which is popular in today’s generation is the gaming industry. This industry is also increasing day by day, and the demand for gaming-related products also increases.  However, with such widespread utilisation comes the requirement of safeguarding the property against wrongs like infringement in any form. In this write-up, we shall focus on how to safeguard Patents in the e-gaming industry.

What is a Patent?

A Patent is an exclusive right subsisting in a patented product given by the Indian Patents Act, 1970, for twenty years from the date of priority. According to Section 48 of the Act, the Patent owner has an exclusive right to:

  1. Prevent others from using, offering for sale, making, etc. without the actual owner’s consent or permission;
  2. It prevents others from using the patented product or process or using/selling, etc., any product obtained directly from that process in India.

History & Development of Patents in E-gaming Industry

E-gaming, also known as Electronic Gaming, includes the overall electronic gaming industry from consoles to personal computers & mobile games, online streaming, and the e-sports industry or business. According to the report of Deloitte India, 2021, the e-gaming industry is expected to expand at a compound annual growth of 40% by 2022. This report enlightens the significance of protecting both the technology & creativity that is used by this industry.

Patents are used to safeguard the inventive game design elements/gameplay, the next-generation hardware, the technical solutions, and the technical innovations like networking, database design, or software.

For example, Odyssey System is a video game invented by Ralph Baer, which was permitted the 1st Patent in the history of video games in 1968. He had designed or created an apparatus that, once attached to a TV set, allowed users to manipulate rudimentary lines & dots across the TV as a part of a tennis-like game. However, for most of the coming years thereafter, Patents will only be used to safeguard the gaming hardware, i.e., the actual machines used to play the video games. At that time, there were no proper dissimilarities between gaming hardware & software.

Some Examples of Patents in E-gaming Industry

Some know our understanding of Patents in E-gaming Industry; following are some examples of existing contents for software Patent protection in e-games are apt:

  1. A Game Engine: It’s the primary software element of a computer video game or other interactive application with real-time graphics integrated providing, collision detection, Artificial Intelligence[1], Networking & file system management into one complete engine. It is utilised for the development of video games and to drive the game on the console, computer, or smartphone. For example, Truevision3D, Torque Game Engine, etc.
  2. Novel Game Concepts: For instance, the idea of player wisdom is patented by Nintendo, wherein the more insane the player becomes, the more the player will knowledge changes in the game that may impact the storyline for the game and/or obstruct the player’s capability to process through the same.

Procedure to Obtain Patents in E-gaming Industry

Before starting the procedure for Patent Registration, two things must be done; first, the decision should be made whether the applicant desires to move forward individually or engage a professional and secondly, a detailed Patentability Search must be executed to find out the opportunities of getting a Patent:

  • The first step is to draft a Patent application (Complete/Provisional) Form 1 and Form 2.
  • The second step is to file the Patent application in India. The forms are filed either online or physically, or via the post in the Patent Office to protect a filing date. Extra forms to be submitted are:
  • Form 5: This form is the Declaration as to inventorship (only to be filed with the complete Patent application).
  • Form 26: This form is for the authorisation of a Patent agent.
  • Form 28: To be submitted by the small entity or start-up (only required if you are claiming start-up or small entity status).
  • Publication of Patent application is to be made (Form 9).
  • After that, the examination of the Patent application is to be requested (Form 18).
  • The Patent is granted.
  • Payment of Renewal Fee has to be done annually.

Conclusion

After discussing Patents in E-gaming Industry, it concluded that there has always been controversy regarding the categorisation of online games as a whole, that is, whether they are multimedia work, audio-visual work, or primarily, a computer program. It is also a clear fact that modern games include two parts, firstly, the audio-visual elements (consisting of music, characters, pictures, etc.), and secondly, the software that technically manages the audio-visual elements and permits users to interact with various elements of the game and also with each other in some instances.

Read our Article:Important Points to Know Before Looking for Patent Protection Overseas

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A legal writing enthusiast, a wanderer, and a zealous reader. After gaining a lot of knowledge about the diverse legal topics and developing research skills, Karan joined the league of legal content writers to deliver quality-rich blogs.

 

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