Can You Patent Video Games? Many Times, the Answer is Yes

There’s always been a lot of confusion over whether you can patent video games. So, can you?

The short answer is yes. In fact, there’s so much high tech that goes into modern video games that I couldn’t possibly fit it all into one article. I’ll still provide some examples in just a second, but first, let’s dispatch with what’s not patentable.

Under the law as it currently stands, one cannot patent abstract ideas like game rules per se. This could include board game rules, dice game rules, card game rules, and so on. It could also include more complex game rules like those that are often found in video games.

But the reality is that almost all modern video games use next-level technology that goes well beyond game rules per se. Much of that technology can be patented and often is.

Think of it this way: Rarely is a video game just a game anymore. Rather, every time a player powers up their system, they’re getting ready to engage with some of the most modern, cutting-edge technology that they can buy. And indeed, this is where many game makers spend their time—on the technological aspects of game design.

Mindful that there’s never a guarantee of getting any patent, I’ll now hash out some examples of different types of technology on which game developers and console manufacturers often seek patent protection.

A.      The Game Engine

There’s so much sophisticated software and AI that goes into modern game engines that it’s not even funny. Just like other software and AI, software and AI related to video games can be patented. Now you should also know that there are some other impediments to patenting AI that are unrelated to video games specifically but that still make getting AI patents difficult in general. The point to keep in mind is that video game AI can be patented to the same extent other AI already is being patented.

So, what types of video game AI can be patented? Well, there are patents out there on video game inventory coaches to suggest the best weapons for a particular player to use based on their playstyle, increasing or decreasing the level of difficulty in beating a game boss based on a player’s recent gameplay, and automating weapon selection for new players. The list is endless—if there’s AI in the game engine, patent protection may be possible.

Next up are LLMs. Are you using one? Everyone is right now…for everything. And just like so many other technologies, improvements to LLMs and their use for video game-related tasks can be patent-eligible.

Similarly, advancements in AR and VR for video games can be patent-eligible. This includes novel approaches to 3D location mapping and use of SLAM. Advancements in stereoscopic image rendering can also be patent-eligible, as can maintaining player safety in dynamic real-world environments.

Audio inventions for video games can also be patent-eligible. Are you doing something different with 3D spatial audio? What about audio streaming and player chat? Often, there’s something technical going on with how the developer is making the game more life-like and engaging. Those technical aspects are often patent-eligible.

B.      Back-End Server and Game Network

Most games on the market today don’t operate in isolation. Instead, each player’s client device connects to a game network, whether that’s for loading the game itself, facilitating player chat and other player interactions, or coordinating multi-player gaming.

The point is, as the games themselves advance, so do their back-end requirements. Improvements to the technologies that go into the game network and back end system can certainly be patent-eligible – from content distribution and edge computing to network management and latency reduction. So you might consider patent protection as you work to keep the back end system up-to-date with modern game requirements.

People also get plenty of social media patents too, so remember that the next time you’re designing a new platform for player communications.

C.      The Making of the Game

The making of the game itself is becoming increasingly sophisticated, too. Plus, the quicker the developer can churn out a game, the quicker they can move on to the next project. However, there are still so many things related to game development that are labor-intensive, so developers are always looking for ways to speed that up. Many of those things are worthy of patent protection. Consider that developers are already using AI to write game code, generate game graphics, implement realistic game physics, and improve facial animation.

Also, some developers use human actors for source data to make their character movements appear more life-like. Inventions involving mocap can be patent-eligible. So can many image rendering inventions that make the game graphics look more life-like.

Heck, developers even build their own software tools just for compiling the game itself. Many of those tools can be eligible for patent protection too.

D.     Hardware

There’s also plenty of new hardware that’s always being developed for video games—from improved GPUs to novel display devices and even new player tracking and input systems. And just like so many other hardware devices, hardware for video games can also be patented. Do you have a new haptic system? A new type of controller? All are fair game.

The same can be said for inventions related to game consoles. There are often new system requirements that come with the next generation of video games. Inventions related to them can often be patented.

E.     Data Protection and Management

There’s controversy in the patent community over what types of data protection and management are worthy of patent protection, but the fact is, many inventions involving this type of technology can be and still are patented. This includes inventions that use blockchain for data integrity and proof of ownership, as well as inventions for new database structures that improve the way a system stores and retrieves data.

F.      Adapting Legacy Games for Newer Game Systems

Legacy games often have a very loyal following. But playing these games on newer consoles can be a challenge due to the lack of compatibility between older and newer systems. Inventions related to translation layers for executing legacy games on newer consoles can be patent-eligible. So can inventions related to upscaling images to enhance the graphics of the legacy game itself.

G.      Accessibility-Related Tech

Game developers and console manufacturers like to make their games accessible to everyone, and rightfully so. As such, they often spend a good deal of time developing new accessibility features, so there’s all sorts of innovation going on in this area. Many of these inventions can be patent-eligible too.

Patents Can Keep You in the Game

The game industry is a dynamic space where innovation is not only valued but highly encouraged, with game developers often employing the latest high-tech tools at their disposal to enhance and expedite game design. Considering videos games have become a multi-billion dollar industry, it can certainly be worth protecting inventions in this space with patents that can strengthen a company’s market position, add a source of revenue, and protect its most prized assets.