Are board games patented or copyrighted?


The exact wording of the instructions on how to play the game (not the ideas behind the rules of the game) as well as any original initial drawings for the board or the games pieces can be protected by copyright.


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Do board games get patented?

Some notable games that have been patented include Monopoly2, Magic: The Gathering3, Life4, Battleship5, and Scrabble6. Design patents are also a way to protect the ornamental aspects of a game, such as the shape and color of playing pieces, so long as they are not functional or do not serve a utility in the game.


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Are board game pieces copyrighted?

Yes, you can copyright the artistic aspects of a game such as a game board, game packaging, and playing cards. Names of games and gameplay are not eligible for copyright protection. Game names are protected by trademarks.


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What type of intellectual property is a board game?

Trademark. A trademark can protect the name and other aspects of a board game. Trademarks serve to identify the source of a particular product or service and to distinguish the products of one seller from those of others in the marketplace.


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Is it illegal to copy a board game?

There should not a problem as long as you don’t copy any specific names, things or text since you cannot trademark or copyright gameplay & rules.


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Board Game Copyright, Intellectual Property Law, Patents, and Trademarks. What is protected?

Can I make a board game and sell it?

You can sell it through a website like ours, list your game on Amazon, or reach out to local game stores and see if they would sell your product. You can also reach out to distributors and see if they’ll carry your game and sell it to stores for you.


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Can I make a copy of a game I own?

The “making a copy” bit depends on the terms you’re using the game under (usually under a license agreement). If you have some sort of permission to make a copy, then yeah, of course it’s legal. If you don’t have permission to make a copy, then no, it probably isn’t legal.


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What parts of a board game can be copyrighted?

As a general rule, the rules, boards, artwork, and other aesthetic or literary elements to a game are copyrightable and protected as such. These protected elements are referred to as the “theme” of the game. Distinct from the “theme” of the game are the game mechanics, which cannot be copyrighted.


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What is the difference between a patent and a copyright?

What Is the Difference Between a Patent, Copyright, and Trademark? A patent protects new inventions, processes, or scientific creations, a trademark protects brands, logos, and slogans, and a copyright protects original works of authorship.


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Is Monopoly board game copyrighted?

Hasbro, as a result of its acquisition of Parker, now owns many trademark registrations for MONOPOLY by itself and as part of combined marks including a registration for computer games.


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How do you know if a game is copyrighted?

How do you check if something is copyrighted? We found out earlier that every original creative work is “copyrighted” as soon as it’s written down or saved in some tangible form. If you want to check registrations, though, you need to use the search engine on copyright.gov.


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Are games protected by copyright?

Regardless of where or on what device they’re played, copyright law protects video games from the moment they are fixed in a tangible form of expression.


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Does Monopoly have a patent?

On December 31, 1935, the now ubiquitous winner-take-all board game Monopoly was patented (Patent Number 2,026,082).


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Are board games intellectual property?

Board games can be protected by a number of different types of intellectual property: Registered designs can protect the appearance of part of the game e.g. the board or an original game piece.


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How do I protect my board games?

How to Organise and Protect Your Board Games

  1. Store square boxes vertically to protect them.
  2. Sleeve cards to keep them in good shape.
  3. Organise fiddly pieces in plastic boxes that have dividers to make set up a breeze and keep those pieces safe.
  4. Buy a custom insert.


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How do you patent an idea for a board game?

Proceeding with a Game Patent

  1. Keep detailed documentation that includes drawings and rules for the game.
  2. Build a prototype.
  3. Conduct a patent search to verify no patent is already in the same field.
  4. Fill out and file the United States Patent and Trademark Office’s patent application.


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Why is patent stronger than copyright?

In return for this investment, patents offer stronger intellectual property protection than copyrights as they protect the idea itself and not simply its implementation in code, giving the patent owner or licensee the right to control how other entities make, use, sell, offer for sale, or import a device or method …


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Which is better copyright trademark or patent?

A copyright protects original works, such as art, literature, or other created work. A trademark protects names, short slogans, or logos. A patent protects new inventions, processes, and compositions of matter (such as medicines).


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Is it more difficult to get a copyright than a patent?

It’s an appealing option since copyrights are less expensive and easier to obtain than patents. However, the protection copyrights offer is very different from that of patents.


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What are 5 things you can copyright in a game?

The computer code or other fixed medium is considered copyrightable, and the game’s presentation can be copyrighted as a literary work or dramatic work, while elements like character design, art and sound and music can also be copyrighted.


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Is Dungeons and Dragons patented?

Artwork is fully protected by copyright, as is any setting descriptions. In the context of the D&D franchise, the actual wording of any rulebooks, monster descriptions, game modules, and such are all protected by copyright, so you can’t wholesale cut-and-paste things.


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Can I make a game similar to another game?

Once a game has been made public, nothing in the copyright law prevents others from developing another game based on similar principles. Copyright protects only the particular manner of an author’s expression in literary, artistic, or musical form.


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Can you remake a game without permission?

Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. Accordingly, you cannot claim copyright to another’s work, no matter how much you change it, unless you have the owner’s consent.


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View complete answer on copyright.gov

How do I protect my game from being copied?

The best way of doing this is to register for federal trademark protection with the U.S. Patent and Trademark Office (USPTO). By following the USPTO’s online guide to trademark registration, you will see that you can register the name of products (such as a game).


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Can I remake a game legally?

It’s completely illegal to remake any games unless they specifically give you permission legally to do so and in writing.


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