Video game mechanics are a crucial part of a game that aids in shaping gameplay, so it makes sense that video game studios want to protect their ideas and keep other studios from using them. One important way to protect a video game mechanic is by claiming it as Intellectual Property (IP), patenting, and copyrighting it. The process of patenting and copyrighting video game mechanics, or any other part of a video game, isn’t straightforward.
Studios must be careful when designing and developing a game to ensure they’re not knowingly or unknowingly infringing on an existing patent or copyright. Even when done unknowingly, a court is able to determine that the studio was aware of its infringement if someone read a patent, leading to higher penalties. When considering applying for a patent, copyright, or even a trademark, it’s worth contacting an IP lawyer from the very start of game development and leaving everything to them.
Patents are applicable to video game mechanics, but there are other methods of protecting a video game against copycats that are less expensive and more effective. Read on to explore why and how to patent video game mechanics, the reasons game mechanics can’t be copyrighted, examples of prominent game mechanic patents, and the benefits and drawbacks of patenting a mechanic.
Can video game mechanics be patented?
Yes, video game mechanics can be patented, although only the expression of the game mechanic is applicable and not the gameplay. The expression of a video game mechanic refers to the code, process, or technical method behind it. A company is able to patent a unique and original technical solution to a technical problem, such as unique code that forms a jump mechanic, but it’s unable to patent the idea of jumping in a game as a whole. Since patents aren’t always easy to understand, they’re not always enforceable in court, either.
Knowing whether a video game mechanic is eligible for a patent comes down to how the Federal Circuit Court perceives it. The Federal Circuit Court is the body of government that handles the appeals for all patent cases. The Court uses the Supreme Court’s 2014 decision in Alice Corp. v. CLS Bank International to determine a patent’s eligibility. In the Alice v. CLS decision, the Supreme Court ruled that abstract ideas implemented through computer code aren’t patentable unless they contain an inventive concept that transforms the idea into something truly novel and technical. Since 2014, the Federal Circuit Court determines whether the proposed video game mechanic patent improves the functioning of a computer or merely uses a computer as a tool, with the former having a higher chance of being eligible for a patent.
Can you copyright video game mechanics?
No, you can’t copyright video game mechanics, but you are able to copyright the game as a whole, which includes the code behind some mechanics. The U.S. Copyright Office is explicit about this, saying, “Copyright does not protect the idea for a game, its name or title, or the method or methods for playing it. Once a game has been made public, nothing in the copyright law prevents others from developing another game based on similar principles.” That means companies are able to copyright the specific art and code that make up the game, or even the overall look and feel of the game (which is often the most important thing to copyright), but not the idea of a battle royale shooter or the idea of a match-three puzzle game. In many ways, copyrighting a video game is more effective than seeking a patent for a video game mechanic.
Copyrighting a video game offers a similar level of protection as a patent while also being more cost-friendly and easier to defend in court. Once a video game is copyrighted, the holder of the copyright has the exclusive right to reproduce, distribute, display, and modify it. Anyone else who tries to modify or sell it as their own is liable for copyright infringement.
The infringer faces expensive penalties, with some statutory damages even reaching as high as $150,000. Video game companies are unable to receive payment for these damages if they don’t register the copyright for the game in the first place, though. The cost of getting a copyright is relatively inexpensive, especially when compared to the amount the company is able to receive if someone infringes on the copyright. The government filing fee to copyright is usually under $100, and the cost of attorney fees to prepare and file are much less than filing for a patent or trademark. A typical budget for copyright registration runs between $1000 and $1500.
Copyrighted video games are easier to defend in court because the game is either copyrighted or it isn’t. Works are automatically eligible for copyright the moment they’re created. The moment the developer writes code, or the artist creates a character, or the soundtrack records a track, the company owns the copyright to those works. There are some parameters, such as the work needing to be original and in a tangible medium. A company must register the video game, or work, with the U.S. Copyright Office or it’s unable to file a lawsuit in the event of copyright infringement.
Copyright protects most of the creative content of a video game, but it doesn’t protect a game’s title, logo, or symbols. Companies need to register for a trademark to protect its brand identity. Trademarks also protect slogans, studio names, design logos, and even certain well-developed video game characters themselves. Once a trademark is in place, another entity is unable to use the name, symbols, or logo. The company must register their game’s title and logo to invoke this protection, though.
Companies are able to register for a trademark with the U.S. Patent and Trademark Office (USPTO). Trademarks are able to last indefinitely, unlike copyright and patents, so long as the company continues to use and renew them. A typical budget to register a trademark is between $2,000 and $3,000. Although more expensive than registering for copyright, a trademark ensures that copycats aren’t able to blatantly copy the game right down to its title and logo.
What game mechanics are patented?
Game mechanics that are patented include Poké Ball mechanics, dialogue wheel mechanics, the nemesis system, ball rolling mechanics, directional arrow mechanics, mini-games in a loading screen mechanics, ping mechanics, and dual-screen display mechanics. The expression of a mechanic is what’s patented, not the gameplay that the mechanic inspires.
1. Poké Ball mechanics
Poké Ball mechanics were first filed for a patent by Nintendo in May 2023. The patent covers how a sub-character, or Pokémon, leaves a Poké Ball, and then moves based on the situation, such as whether the character is in combat or not. Although many Pokémon games exist, Nintendo only recently patented its Poké Ball mechanics. Nintendo filed for the patent to protect the mechanic in Pokémon Scarlet and Violet. In September 2024, Nintendo filed a lawsuit against Pocketpair, the company behind the video game Palworld, for patent infringement.
Palworld has a similar game idea to Pokémon: the player is able to capture Pals, use them for production processes, and fight other Pals. Palworld’s method of summoning Pals is visually and functionally similar to how Poké Balls work in Pokémon games. The player uses a Sphere to store and throw a Pal into a game scene, with the Pal initially appearing where the Sphere was tossed before Palworld changed the mechanic to summon the Pal right next to the player instead. Despite these similarities, many legal experts believe that Nintendo’s patent isn’t eligible in the first place, so there isn’t a legal reason for the lawsuit against Palworld. Some legal experts claim that because Poké Ball-like game mechanics have existed before the patent was put in place, the court had grounds to deny the application. The patent is under review to determine its eligibility.
2. Dialogue wheel mechanics
Dialogue wheel mechanics were first filed by Electronic Arts in 2007 and approved in 2011. The patent is US8082499B2, and given the title, Graphical interface for interactive dialog. The dialogue wheel mechanic refers to the specific layout and process of choosing a dialogue line. In particular, there are a number of classes of dialogue that are offered as a choice during a conversation segment. These classes, or choices, are displayed with a graphical interface that includes a choice indicator, which the player is able to use to select the dialogue choice they want. The placement of the classes remains the same throughout the conversation.
The dialogue wheel is most commonly used in the Mass Effect and Dragon Age series. Players are able to choose a dialogue option that pertains to certain emotions or personalities, such as Paragon/Renegade in Mass Effect, and Polite/Humor/Mean in Dragon Age. The dialogue wheel uses colors to indicate the different classes, too, with Paragon choices written in blue and Renegade choices in red. Electronic Arts has used this patent to ensure other games are unable to use a similar dialogue wheel interface, and its patent remains active until 2029.
3. Nemesis system
The Nemesis system refers to a patented system used by Warner Bros Entertainment Inc. in its games Middle-Earth: Shadow of Mordor and Middle-Earth: Shadow of War. The patent number is US10926179B2 and was filed in 2016 and approved in 2021. Its official title is, Nemesis characters, nemesis forts, social vendettas and followers in computer games. The patent covers the methods for managing NPCs and power centers in a game based on certain character hierarchies and individual character traits and ranks, as well as, by certain events that occur in the game. Since several mechanics are involved in creating this unique system, the patent covers the system as a whole.
Those who have played Middle-Earth: Shadow of Mordor or Middle-Earth: Shadow of War recognize the system in play whenever an orc takes over a new position from another orc, either through the player’s help or their own actions. Shadow of War extended on the Nemesis System further by allowing NPCs to fight each other for higher positions in the command hierarchy. With the patent in effect until 2036, other game companies are unable to use it.
4. Ball rolling mechanics
Ball rolling mechanics were patented by Bandai Namco Entertainment Inc. for its game, Katamari Damacy, in 2008. The patent number is US7402104B2 and was given the title, Game performing method, game apparatus, storage medium, data signal and program. The patent refers to a game performing method in which a main operation object moves through a 3D virtual space and has other objects stick to it as the player tilts and moves the main operation object around.
The ball rolling mechanic is specifically used in the game Katamari Damacy, in which the player has to move the ball around, while getting other objects to stick to it, changing the ball’s surface in the process. Since Bandai Namco has patented this particular mechanic, other companies have been unable to make a game or even a segment of their game, similar to its unique method of rolling a ball and having it collect things as it collides with them. The patent is set to expire in 2026, so unless extended, other companies are about to become able to use similar mechanics without legal repercussions.
5. Directional arrow
Directional arrow is a mechanic that was patented by the Sega Corp for its game, Crazy Taxi, in 1998. The patent number is US6200138B1, and it was given the title, Game display method, moving direction indicating method, game apparatus and drive simulating apparatus. The patent covers a game display method that depicts an arrow that points to a specific location in the game world. Additionally, the patent covers the process by which characters or other objects that enter a dangerous area, such as around the speeding car, are moved to a safe location to avoid unnecessary and cruel images of car collisions.
The directional arrow mechanic is used in an arcade game called Crazy Taxi, among other Sega titles where the player has to drive a vehicle as fast as possible, while performing tricks and stunts. Those who have played Crazy Taxi are familiar with the large directional arrow at the top of the screen that points them to where they need to drop off their passengers. Despite not being able to use the mechanic, Fox Interactive used a similar mechanic in The Simpsons: Road Rage, prompting Sega to sue them. The lawsuit never made it to court, however, as Fox Interactive agreed to pay Sega an undisclosed settlement, along with agreeing to never copy Sega’s protected works again. The patent for the directional arrow expired in 2018.
6. Mini games in a loading screen
Mini games in a loading screen is a mechanic that was patented by Bandai Namco Entertainment Inc. in 1998. The patent number is US5718632A, and it was given the title, Recording medium, method of loading games program code means, and games machine. The patent covers a program code that relates to an auxiliary game, or mini game, inside the program code of the main game. It covers the process by which the mini game is loaded and when it’s played, too, such as during a loading screen.
Bandai Namco used mini games in its loading screens for several of its PlayStation games. The goal behind the mechanic was to reduce the wastage of time that the player expends while waiting for a level to load. Other game companies have been unable to implement mini games during load screens because of the patent, but they have found ways around it. Sports games have Practice Mode that plays while the game is loading, allowing the player to engage in a sort of mini game. Overwatch allows players to enter a mini battle arena while the official match loads. The patent expired in 2015, allowing game companies to officially include mini games in their loading screens.
7. Ping mechanics
Ping mechanics were patented by Electronic Arts in 2019. The patent number is US11097189B2, and it was given the title, Contextually aware communications system in video games. The patent covers a computer system that is configured to determine a target location that the player is focusing on in a virtual environment. Ping mechanics are commonly used in team-based video games, such as shooters, and allow players to quickly point out areas or objects without needing to speak to each other via voice chat or through text chat. Because of how useful this particular mechanic is to team-based games, there was a public outcry when the patent became public knowledge.
In response, EA created an initiative known as the EA Accessibility Patent Pledge. The company swore to never file a lawsuit against another company using its ping mechanics, despite having a patent for it. EA’s goal with this pledge was to make game development more accessible. The patent officially expires in 2039.
8. Dual-screen display
Dual-screen display is a mechanic patented by Bloober Team SA in 2019 for its game, The Medium. The patent number is US10500488B2, and it was given the title, Method of simultaneous playing in single-player video games. The patent protects a game mechanic that allows a player to control two characters simultaneously, with each character existing in different story universes and displayed in two different viewports. While the particular mechanic sounds similar to co-op or split-screen mechanics, Bloober argued that its dual-screen display mechanic is different because it depicts fully separate but connected worlds that a single player controls.
The dual-screen display mechanic is primarily used in Bloober Team’s game, The Medium, where the player controls two versions of the same character but in separate worlds. By controlling one of the characters in their world, the player is able to have that character influence the other character’s world. A character unlocks a door in her realm, which is then opened for the other character in her world, for example. Game companies are unable to use the same method as Bloober Team to achieve this unique mechanic until the patent expires in 2036.
Why can video game mechanics be patented?
Video game mechanics can be patented because video game companies want to protect their game from being copied, and because the expressions of video game mechanics are unique and solve a technical problem. Game companies invest heavily into their games, and the last thing they want is to have that investment wasted because another company took their mechanic, made their game faster and launched it before them, and then received the profit that rightfully belonged to the original company.
The expressions behind video game mechanics are able to be patented because a patent protects new and useful inventions, such as processes, systems, or technical methods, that are novel and are not obvious to someone with knowledge in the relevant field. A video game mechanic patent is invalid when it’s too abstract or when it covers a computer performing a well-known human process that can theoretically be done with pen and paper. So, when I’m involved in applying for a video game mechanic patent on behalf of a client, I describe the system as a concrete technological invention rather than an abstract interaction between players and software.
How can game mechanics be patented?
Game mechanics can be patented by applying for a patent through the U.S. Patent and Trademark Office and with the help of an IP attorney. The U.S. Patent and Trademark Office handles all patent applications, determining whether the patent meets the criteria for validation. To ensure the patent has a chance of receiving the rubber stamp of approval from the USPTO, an attorney specializing in IP helps.
An attorney is able to perform several actions for the game company that wants to patent a game mechanic. The attorney is able to check past patents to see whether a patent for a similar mechanic already exists. In the case that one does exist, the attorney is able to save the company several thousands, if not hundreds of thousands, of dollars by avoiding patent infringement. The attorney is able to file the application correctly, giving the highest chance of having the application accepted by the USPTO since they’re familiar with the process and legal jargon involved. Getting a patent is the most expensive way to protect a video game: companies must set aside a patent budget of around $25,000 to $30,000, including attorney fees.
Should game mechanics be patented?
No, game mechanics shouldn’t be patented because they’re able to be taken advantage of by AAA studios, harm game development accessibility for indie game developers, and incentivize the monopolization of game mechanics. Patents are one of the strongest ways to protect an IP, so using them to protect game mechanics opens up the game industry to more problems. While the holder of the patent benefits from the situation, the gaming ecosystem as a whole suffers.
Patenting game mechanics is prone to being taken advantage of by AAA studios. Getting a patent is a prohibitively expensive process that few indie game developers are able to afford, while AAA studios have enough money to throw around to patent whatever game mechanic they want to keep out of the hands of other companies. The dichotomy and unfairness in wealth means that AAA studios are able to use patents to their advantage, not unlike what Nintendo is doing with Pocketpair. Smaller devs don’t always have the time to pivot or completely redo a core part of their game.
Patented game mechanics impact the indie modding community, too. Modding games is one path to becoming a full-fledged indie dev, but being unable to experiment with a mechanic restricts the number of newcomers entering the field. Applying patents to game mechanics incentivizes AAA studios to monopolize them, encouraging other studios to do the same. Game mechanic patents harm the gaming industry as a whole and lead the creativity in game development to stagnate.
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