Card game - copyright, patent

Although more details would be required about your invention, essentially you will look to file a patent for your product. Under sub-clauses of Section 2 of the Patent Act of 1970, it needs to be a distinct, novel and non-obvious idea capable of industrial application. Check Sections 3 and 4 to ensure your invention does not fall under non-patentable subject matter. You could also copyright or file for a trademark for certain artistic elements of your card game.

You can protect your invention with a patent. A patent can be used to prohibit others from copying, selling or importing your invention.

A patent is the exclusive intellectual property right to an invention of a technical product or process.

Patent applications: the three criteria

• Novelty. This means that your invention must not have been made public – not even by yourself – before the date of the application.
• Inventive step. This means that your product or process must be an inventive solution. ...
• Industrial applicability. This criterion implies that it must be possible to actually manufacture the new invention. In other words, you can apply for a patent on a new kind of playing card that is easier to hold than existing cards. But you can’t obtain a patent for an idea for a new card game.

Congratulations on creating a new card game! Protecting your intellectual property is essential. In the context of a physical card game, copyright and patent are two potential avenues for protection. However, the choice between them depends on the nature of your game.

1. Copyright: Copyright protects the expression of ideas in a tangible form, such as the specific text, artwork, and layout of your card game. It automatically applies upon creation, providing a level of protection without formal registration.

2. Patent: Patents protect inventions or novel processes. In the case of a card game, this might apply if your game involves a unique and non-obvious game mechanism or process.

Considering your physical card game, copyright may be more applicable to protect the specific artistic and textual elements of your game. However, if your game involves a groundbreaking and non-obvious game mechanism, a utility patent might be worth exploring.

It's crucial to consult with an intellectual property attorney to get personalized advice based on the specific details of your game. They can help you navigate the complexities of copyright and patent law, ensuring your intellectual property is adequately protected.

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Dear Dheepan,

Thank you for your query. I am Aadil and I will try to answer your question.

A copyright is defined as the exclusive rights to do or authorise someone to do actions like reproducing, copying, translating, performing, etc., of any literary, dramatic, musical, or artistic work, or any computer programme, as per the Copyright Act, 1957. 

As evident from the above definition, a physical card game cannot be copyrighted as copyrights can only be awarded to those works which are created and intended to be an expression of an artistic idea or thought of an individual. You may choose to copyright any literary or artistic content related with the card game, but not the card game itself.

Patent laws in India are covered in the Patents Act, 1970. Section 2(j) of the same deals with the definition of an invention, and as per the same, an invention is any new product or a process that involves an inventive step and is capable of industrial application.

Therefore the new card game may be patented, provided the new card game is not a mere duplication of some other card game, and is actually a ‘new product’.

I hope this helps. Thank you for your time and patience.

Regards,

Aadil