© Sheppard Mullin Richter & Hampton LLP 2014

4 IP Issues that can make

[or break] your game studio

James Gatto, Co-leader Social Media and Games

jgatto@sheppardmullin.com 202-747-1945

IP Protection Process

Own It!

Identify It!

Protect it!

Repeat!

Who Invented Facebook?

Question

Once you publish a great video game,

what stops others from copying it?

IP Protection!

Best Practice #1

OWN IT!

Patents - Absent an agreement or other legal

obligation, patents are owned by the inventor

Copyrights – generally owned by the author

Best Practice #1

OWN IT!

Founders?

Work for Hire?

Developers?

Publishers?

Best Practice #1

OWN IT!

Be careful with the rights you grant

exclusives

right of first refusal

geographical rights

adaptations

Best Practice #2

Identify it!

Games combine

– Interactive, functional aspects

– creative, artistic aspects

Both types are protectable

Best Practice #2

Identify Your IP!

Patents - Interactive, functional aspects(Game mechanics, game play methods, hardware,

Processes, graphics generation techniques, UI features

Much more)

Copyright - creative, artistic aspects (UI and

code)

Trademark – name/characters

Best Practice #3

Protect it!

To maximize protection…

Develop Comprehensive IP Strategy

That protects all types of IP You Generate!

Patents

Strongest form of protection for game mechanics

But you must file for protection!!!

You have One Year (or less)!

Copyrights

You have protection from the time you create the

work…. but get benefits if you promptly file

– attorneys fees

– statutory damages

Trademarks

You have protection from the time you use the

work in commerce…. but get benefits if you file

can file intent to use

Best Practice # 4

Repeat!

IP Protection is an ongoing process…not a one

time event!

Patent Trends - Filings

Patent Trends – Litigation

Questions?

email me for a free white paper:

IP Protection for Games

James Gatto

Sheppard Mullin

202-747-1945

jgatto@sheppardmullin.com

http://www.sheppardmullin.com/social-media-and-games