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[INDUSTRY]Video games and esports

Video game patent attorneys for game studios

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.

Book A Free Strategy CallStart with the $999 search
  • $999 patentability search
  • No hourly billing
  • Registered patent attorneys

Your attorneys

  • Andrew RapackeAndrew RapackeManaging Partner · Registered Patent AttorneyElectrical and computer engineering. Former Naval Engineering Officer.
  • Chris WattChris WattRegistered Patent Attorney · Former USPTO ExaminerSoftware, AI and machine learning, and MedTech. A full-stack software engineer.

4.7 from 614 public reviews

Meet the team

[01]Who it's for

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.

[02]What's protectable

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.

  • 01Utility patent

    The technology and how it works

    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
    Flat fee, quoted before work begins

  • 02Utility patent

    Controllers and hardware

    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
    Flat fee, quoted before work begins

  • 03Design patent

    The look of interfaces and hardware

    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
    USPTO denies it, full refund*

  • 04Trademark

    The title, the studio and the characters

    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
    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.

[03]The flat-fee path

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.

Book A Free Strategy Call

  1. 01Start here

    Patentability search

    $999

    Patentable or your money back. Credited when you file

    • 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

    Report in about 5 days

    Not patentable, full refund*

  2. 02Then

    Provisional patent

    $2.5k–3.5k

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

    Patent pending the day it is filed

    Patentability issues, full refund*

  3. 03Within 12 months

    Non-provisional patent

    $7k–12k

    Drawings and USPTO filing fees included

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

    Filed before your 12-month deadline

    Flat fee, not covered by the guarantee

Alongside the patent

  • Design patentFor a controller, icon or interface, office actions included$3,200USPTO denies it, full refund*
  • TrademarkFor the game title, USPTO fee for one class included$2,000Approved, or your money back*

*Refunds subject to the RLG Guarantee Policy in your engagement letter. Utility (non-provisional) patents are quoted flat and are not covered by the guarantee. How The RLG Guarantee works

[04]Copyright and launch

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.

PatentWho can use the technology

  1. $99901$999SearchIs the method new?
  2. File first02File firstProvisionalPatent pending, before the reveal
  3. Month 1203Month 12Full applicationWithin 12 months
  4. 35 U.S.C. 1010435 U.S.C. 101Eligibility reviewThe examiner applies the Alice test
  5. 05GrantedRights you can enforce

LaunchWhen players see it

  1. Use an NDA01Use an NDAPrototypeBuilds, tools and pitch decks
  2. Use an NDA02Use an NDAPublisher pitchPublishers and investors play it
  3. Disclosure risk03Disclosure riskReveal or playtestTrailer, demo or festival build
  4. Register copyright04Register copyrightEarly access or launchThe store page goes live
  5. 05Live updatesNew 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

  • 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

  • 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

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

[05]Related services

Services for game studios.

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

[06]Questions

Before you file.

Still deciding? Your first call is free and comes with a straight answer on whether to file.

Book A Free Strategy Call
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.

[07]Learning Center

Go deeper before you file.

All articles

[08]Client reviews

Founders who filed with us.

4.7 across 614 public reviews on Google, Trustpilot and Avvo.

#1Top reviewed IP law firm*4.7 from 614 reviews

Read client reviews

  • “A detailed analysis and report was provided once the search was completed. They answered all of my questions in a timely manner and advised me on the best strategies moving forward.”

    Brittany LongPrior art search · Client review

  • “Their writing allowed for protection of my invention's most important aspects, as well as giving me room to modify and adapt my product.”

    Andrew WebberProvisional patent · Client review

  • “They filed my trademark within a day.”

    Pritesh K.Trademark · Google

Reviews reflect individual client experiences. Quotes are excerpts. Prior results do not guarantee a similar outcome. *#1 top reviewed means the most public client reviews on Google, Trustpilot and Avvo of any US patent or trademark firm.

Protect the game before the reveal.

Talk through your game with a registered patent attorney. The call is free, with no obligation.

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