# Video game patent attorneys for game studios

> Flat-fee video game patent attorney services for studios, developers and esports teams. Start with a $999 patentability search, refunded if it isn't patentable.

Page: https://arapackelaw.com/industries/gaming/  
Title: Video Game Patent Attorney for Game Studios and Developers  
Breadcrumb: [Home](https://arapackelaw.com/) / [Industries](https://arapackelaw.com/industries/) / [Gaming](https://arapackelaw.com/industries/gaming/)

We protect the engine and systems behind your game, its title and its characters, timed around your reveal and launch. One flat fee for each step.

- $999 patentability search
- No hourly billing
- Registered patent attorneys

## For the people who make games.

From a two-person indie team to a studio running a live game, the work starts the same way. Find out what is technically new, then protect it before a trailer, a demo or an early access build makes it public.

- **Indie developers** Small teams with a new mechanic, tool or engine feature, protected before the first public demo or crowdfunding page.
- **Studios and live game teams** Matchmaking, netcode, rendering and live operations systems, claimed as the technical process they perform.
- **Engine and tools makers** Game engines, middleware, procedural generation and AI tools that other studios build on.
- **Esports teams and platforms** Team and tournament brands, streaming and spectator technology, and the agreements behind them.

## Four things worth protecting in a game.

Most games carry more than one kind of protection. A patent on how the technology works, a design patent on how an interface or controller looks and a trademark on the title each stop a different kind of copy, and copyright covers the code and art.

### The technology and how it works (utility patent)

Engines, netcode, matchmaking, rendering and the systems behind a new mechanic, claimed as a specific technical process rather than a rule of play.

- Game engines and physics
- Networking and matchmaking
- Procedural generation
- Input and camera methods

### Controllers and hardware (utility patent)

Controllers, accessories, haptics and VR or AR hardware, claimed by their structure and by how they work with the game.

- Controllers and accessories
- Haptics and motion tracking
- VR and AR devices

### The look of interfaces and hardware (design patent)

The ornamental design of a controller, an accessory, an icon or an on-screen interface, protected for 15 years from grant.

- Controller shapes
- Icons and HUD elements
- Menus and interfaces

Covered by The RLG Guarantee (USPTO denies it, full refund).

### The title, the studio and the characters (trademark)

Clear and file the game title, the studio name and character names before the reveal trailer, so the names players search for are names you can keep.

- Game and series titles
- Studio and team names
- Character names and logos

Covered by The RLG Guarantee (Approved, or your money back).

**Code and art are copyright.** Copyright protects your code, art, music and story from the moment they are created, but not the idea for a game or the method of playing it. Matchmaking logic and live operations data no one can see from outside may be worth more as trade secrets. Your attorney tells you which on your first call.

## Search, provisional, utility. Flat fees at every step.

Every step is quoted before any work begins, and the search fee is credited when you file. Most studios file a provisional before a reveal trailer, a public playtest or an early access launch, then the full application within 12 months.

### Start here, Patentability search

**$999** flat fee. Patentable or your money back. Credited when you file. Report in about 5 days.

- An invention discovery call with your attorney
- A search of US and foreign patents and published applications
- A written patentability report and a review call

Covered by [The RLG Guarantee](https://arapackelaw.com/rlg-guarantee/) (Not patentable, full refund).

### Then, Provisional patent

**$2,500 to $3,500** flat fee. . Patent pending the day it is filed.

- A strategy call to capture how the system works
- Drafted by a registered patent attorney
- You review and approve it before filing

Covered by [The RLG Guarantee](https://arapackelaw.com/rlg-guarantee/) (Patentability issues, full refund).

### Within 12 months, Non-provisional patent

**$7,000 to $12,000** flat fee. Drawings and USPTO filing fees included. Filed before your 12-month deadline.

- Claims written around the technical improvement
- Formal drawings and USPTO filing fees
- Complex systems quoted flat on your call

Flat fee, not covered by the guarantee.

### Alongside the patent

- **Design patent, $3,200.** For a controller, icon or interface, office actions included. Covered by The RLG Guarantee.
- **Trademark, $2,000.** For the game title, USPTO fee for one class included. Covered by The RLG Guarantee.

## Patents, copyright and launch. Plan them together.

A patent decides who can use the technology behind the game. Copyright covers the code, art and music, and the launch decides when players first see it. Each one starts its own clock.

### Patent, who can use the technology

1. **Search** ($999). Is the method new?
2. **Provisional** (File first). Patent pending, before the reveal
3. **Full application** (Month 12). Within 12 months
4. **Eligibility review** (35 U.S.C. 101). The examiner applies the Alice test
5. **Granted**. Rights you can enforce

### Launch, when players see it

1. **Prototype** (Use an NDA). Builds, tools and pitch decks
2. **Publisher pitch** (Use an NDA). Publishers and investors play it
3. **Reveal or playtest** (Disclosure risk). Trailer, demo or festival build
4. **Early access or launch** (Register copyright). The store page goes live
5. **Live updates**. New features, new filings

**File before the reveal.** A trailer, a public playtest, a festival demo or an early access build can make a mechanic public. The US gives you one year after your own disclosure, but most other countries do not. File at least a provisional first.

- **A rule of play is not the invention.** Courts treat the rules of a game as an abstract idea, so a new way to score or win is hard to patent on its own. The technical system that makes it work, such as how the engine, the server or the controller does it, is on firmer ground. [Esports patent filings by company](https://arapackelaw.com/software-patents-esports-companies/)
- **Copyright covers expression, not mechanics.** The US Copyright Office says copyright does not protect the idea for a game or the method of playing it. It does protect the code, art, music and characters, and in Tetris Holding v. Xio Interactive a court found a clone that copied the look of Tetris infringing even though the rules were free to use. [Copyright vs patent vs trademark](https://arapackelaw.com/patents/copyright-vs-patent-vs-trademark/)
- **Register before you need to sue.** A US copyright has to be registered before you can sue over it, and registering before the infringement or within three months of publication keeps statutory damages and attorney fees available. [Copyright litigation](https://arapackelaw.com/ip-litigation/copyright-litigation/)

*General information, not legal advice. Platform, publisher and engine license terms add rules of their own.*

## Services for game studios.

One firm for the patent, the brand and the agreements around them.

- [Software patents](https://arapackelaw.com/patents/software-mobile-app-patent/) (Markdown https://arapackelaw.com/patents/software-mobile-app-patent.md). Protect engines, netcode and game systems.
- [Provisional patents](https://arapackelaw.com/patents/provisional-patents/) (Markdown https://arapackelaw.com/patents/provisional-patents.md). Patent pending before the reveal. Covered by The RLG Guarantee.
- [Design patents](https://arapackelaw.com/patents/design-patents/) (Markdown https://arapackelaw.com/patents/design-patents.md). Protect controllers, icons and interfaces. Covered by The RLG Guarantee.
- [Trademarks](https://arapackelaw.com/trademarks/) (Markdown https://arapackelaw.com/trademarks.md). Register the title, studio and character names. Covered by The RLG Guarantee.
- [IP licensing agreements](https://arapackelaw.com/intellectual-property-licensing-agreements/) (Markdown https://arapackelaw.com/intellectual-property-licensing-agreements.md). License characters, engines and tools.
- [Contracts and agreements](https://arapackelaw.com/contracts-agreements/) (Markdown https://arapackelaw.com/contracts-agreements.md). Developer, contractor and publishing terms.
- [Non-disclosure agreements](https://arapackelaw.com/non-disclosure-agreements-ndas/) (Markdown https://arapackelaw.com/non-disclosure-agreements-ndas.md). Share builds with publishers on your terms.
- [Copyright litigation](https://arapackelaw.com/ip-litigation/copyright-litigation/) (Markdown https://arapackelaw.com/ip-litigation/copyright-litigation.md). Act on cloned games and copied assets.

## Before you file.

### Can you patent a video game?

You can patent the technology in a game, such as a new engine feature, a networking or matchmaking method, a controller or a way of generating content. The game as a whole, its story and its rules of play are not patentable on their own. The code, art and music are protected by copyright instead.

### Can a game mechanic be patented?

Sometimes. A mechanic claimed as a rule, such as a new way to score, is treated as an abstract idea. A mechanic claimed as the specific technical way the software or hardware carries it out can qualify. A well known example is Namco's patent on playing a minigame during a loading screen, which expired in 2015. The patentability search shows where yours stands.

### Do I need a copyright or a patent for my game?

Usually both, for different parts. Copyright protects the code, art, music, story and characters from being copied, and it exists as soon as they are created. A patent protects a technical method from anyone using it, even if they wrote their own code. Registering the copyright is what lets you sue over it in the US.

### Should I trademark my game title?

Yes, ideally before the reveal. A trademark protects the title, the studio name and character names from use on other games and merchandise. Clear the name first, since a conflict found after launch can force a new name on the store page and the marketing. Our trademark flat fee is $2,000, with the USPTO fee for one class included.

### When should a studio file a patent?

Before the first public showing. A reveal trailer, a public playtest, a festival demo or an early access build can make the invention public. The US gives inventors one year after their own disclosure to file, but most other countries require filing first, so a provisional before the reveal keeps both options open.

### How much does a video game patent cost with your firm?

Flat fees at every step. A $999 patentability search, a provisional application at $2,500 to $3,500 depending on the invention, and a non-provisional application at $7,000 to $12,000 with drawings and USPTO filing fees included. A design patent for a controller or an interface is $3,200. Every fee is quoted before work begins, and the search fee is credited toward your application.

### What does The RLG Guarantee cover for game studios?

The patentability search, the provisional application, design patents and trademarks. If the search finds your invention is not novel, you get a full refund or another search. If patentability issues come up on your provisional, a full refund or more searches. If the USPTO denies your design application, you get a full refund. If it refuses your trademark, you get a refund or a new mark. Non-provisional applications are not covered. Refunds are subject to the RLG Guarantee Policy in your engagement letter.

## Your attorneys

- [Andrew Rapacke](https://arapackelaw.com/learn-more/the-team/andrew-rapacke/), Managing Partner, Registered Patent Attorney. Electrical and computer engineering. Former Naval Engineering Officer.
- Chris Watt, Registered Patent Attorney, Former USPTO Examiner. Software, AI and machine learning, and MedTech. A full-stack software engineer.

Meet the team at https://arapackelaw.com/learn-more/the-team/

## Go deeper before you file.

- [How to Patent a Board Game](https://arapackelaw.com/patents/how-to-patent-a-board-game/)
- [Copyright vs Patent vs Trademark – What’s The Difference and Which Is Right For You?](https://arapackelaw.com/patents/copyright-vs-patent-vs-trademark/)
- [Software Patents After Alice: A Former USPTO Examiner’s Advice on Securing Patent Protection](https://arapackelaw.com/patents/softwaremobile-apps/software-patents-after-alice/)
- [Nintendo Sued By Gamevice For Allegedly Copying Controller Design](https://arapackelaw.com/litigation/nintendo-sued-gamevice-allegedly-copying-controller-design/)
- [Protecting Your UI with Design Patents](https://arapackelaw.com/patents/design-patents/protecting-ui-with-design-patents/)
- [How To Identify Patentable Key Features in Your Software](https://arapackelaw.com/patents/softwaremobile-apps/identify-patentable-features-software/)

[All articles](https://arapackelaw.com/learning-center/)

## Other industries

- [3D printing](https://arapackelaw.com/industries/3d-printing/) (Markdown https://arapackelaw.com/industries/3d-printing.md). Printers, processes, materials and the products they make.
- [Aerospace](https://arapackelaw.com/industries/aerospace/) (Markdown https://arapackelaw.com/industries/aerospace.md). Aircraft, drones and spacecraft, protected before the first public flight.
- [AI and machine learning](https://arapackelaw.com/industries/ai-machine-learning/) (Markdown https://arapackelaw.com/industries/ai-machine-learning.md). Models, training methods and the AI features inside your product.
- [Autonomous vehicles](https://arapackelaw.com/industries/autonomous-vehicles/) (Markdown https://arapackelaw.com/industries/autonomous-vehicles.md). Sensing, navigation and control systems for vehicles that drive themselves.
- [Blockchain](https://arapackelaw.com/industries/blockchain/) (Markdown https://arapackelaw.com/industries/blockchain.md). Protocols, wallets and the technical methods behind decentralized products.
- [Computer hardware](https://arapackelaw.com/industries/computer-hardware/) (Markdown https://arapackelaw.com/industries/computer-hardware.md). Components, peripherals and the systems that tie them together.
- [Consumer electronics](https://arapackelaw.com/industries/consumer-electronics/) (Markdown https://arapackelaw.com/industries/consumer-electronics.md). Devices people carry and use every day, from how they work to how they look.
- [Consumer products](https://arapackelaw.com/industries/consumer-products/) (Markdown https://arapackelaw.com/industries/consumer-products.md). Everyday products and the brands on them, protected before launch.
- [Cybersecurity](https://arapackelaw.com/industries/cybersecurity/) (Markdown https://arapackelaw.com/industries/cybersecurity.md). Security software and hardware, and what to patent or keep secret.
- [Defense](https://arapackelaw.com/industries/defense/) (Markdown https://arapackelaw.com/industries/defense.md). Defense technology, planned around contracts and export rules.
- [Digital health](https://arapackelaw.com/industries/digital-health/) (Markdown https://arapackelaw.com/industries/digital-health.md). Telehealth, remote monitoring and health apps, built around patient data.
- [E-commerce](https://arapackelaw.com/industries/ecommerce/) (Markdown https://arapackelaw.com/industries/ecommerce.md). Online brands and Amazon sellers, from the trademark to the product itself.
- [Electrical hardware](https://arapackelaw.com/industries/electrical/) (Markdown https://arapackelaw.com/industries/electrical.md). Power electronics, controls, sensors, batteries and motors, from circuit to system.
- [Energy and clean tech](https://arapackelaw.com/industries/energy/) (Markdown https://arapackelaw.com/industries/energy.md). Batteries, solar, storage, charging and the grid, from the cell to the system.
- [Fintech](https://arapackelaw.com/industries/fintech/) (Markdown https://arapackelaw.com/industries/fintech.md). Payments, lending and trading technology, claimed as technical improvements.
- [Medical devices](https://arapackelaw.com/industries/medical-devices/) (Markdown https://arapackelaw.com/industries/medical-devices.md). Devices, diagnostics and software as a medical device, timed with the FDA.
- [Robotics](https://arapackelaw.com/industries/robotics/) (Markdown https://arapackelaw.com/industries/robotics.md). Robots, grippers and the software that moves them, protected before the pilot.
- [Semiconductors](https://arapackelaw.com/industries/semiconductors/) (Markdown https://arapackelaw.com/industries/semiconductors.md). Chip design, fabrication processes and packaging.
- [Software and SaaS](https://arapackelaw.com/industries/software-saas/) (Markdown https://arapackelaw.com/industries/software-saas.md). The methods your platform performs, protected however the code is written.
- [Sporting goods](https://arapackelaw.com/industries/sporting-goods/) (Markdown https://arapackelaw.com/industries/sporting-goods.md). Equipment and gear, from how it performs to the design customers recognize.

## Next steps

- [Book a free strategy call](https://arapackelaw.com/contact-us/) with a registered patent attorney, or call (954) 951-0154
- [Take the Intelligent IP Quiz](https://arapackelaw.com/intelligent-ip-quiz/) to see what to protect first
- [The RLG Guarantee](https://arapackelaw.com/rlg-guarantee/), the refund promise on four services

General information, not legal advice.