Gamasutra Feature: The Trouble with Patents

In this interesting Gamasutra feature, The Trouble with Patents, David Sirlin, a Bay area video game developer, discusses some of the problems with video game industry patents and argues that:

  • patents are too easy to get
  • many are trivial and do not pass the non-obvious test;
  • the length of patent protection, especially in the context of the Internet and fast changing industries like the video game industry, is too long;
  • the cost of defending a patent infringement suit is too high with the result that marginal patents are frequently not tested;
  • to determine whether a prospective idea is obvious, and therefor patentable, it should be submitted for peer review as part of the patent prosecution process rather than the current system of testing for obviousness through the costly judicial process after a patent is granted; and
  • the length of patent protection should be different for different types of patents.

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Gamasutra Feature: 10 Most Important Video Game Patents

Love’m or hate’m, video game patents have played an important role in the evolution of the video game industry.

Ross Dannenberg and Steve Chang of Banner & Witcoff, Ltd have put together this terrific feature article: “The Ten Most Important Video Game Patents” for Gamasutra. In assessing the patents’ importance, they used four criteria:

  1. Relativity to Video Games
  2. Financial Value
  3. Technological Importance
  4. The IT-Factor

The winning patents honored/discussed in the piece are:

Check it out, its a good read.

Also, FYI, I have discovered Ross’ Patent Arcade blog where, among other things, he tracks Video Game Lawsuits. For your future reference I have added it to my “Video Game Law Blogs” roll down the right side of my blog (after “Topics”).

Source: Gamasutra