Can you patent a gambling concept?

Question

If so, does it matter that the concept is based and tied to an existing form of betting.

Answer 1

Yes you can. Some guy invented and patented Carribean stud poker, and if you want to carry that game in your casino, then you have to pay the inventor. He must be a zillionaire by now.

Answer 2

Good question. Yes, games are patentable. The practical application is usually not important. I represent several casinos and have done quite a few patents on new games. Though patents are generally expensive and slow to get (4-5 years), gaming patents are typically on the less expensive end and granted faster.

It is usually best to file for patents early, and if you wait too long you can lose the right to get a patent.

Gaming used to be a sleepy industry, but it has become driven by the need to keep people interested and engaged. New technology has also made new gaming concepts possible.

You don't need to have a patent to sell or license your game. There are government licensing requirements, though. A game is a lot easier to sell if you've already gotten the regulatory approval for it, though. When you are ready to sell, try attending one of the industry trade shows in Vegas. In fact, you might want to go some time just to see how other people do it, and make some contacts.

Hope this helps. -Steve.

Answer 3

I'm going to say no. But here is what I read on the government web site:

A patent for an invention is a grant of property rights by the U.S. Government through the U.S. Patent and Trademark Office. The patent grant excludes others from making, using, or selling the invention in the United States. A utility or plant patent in force on June 8, 1995, is subject to either the 17 year term from grant or the 20 year term from earliest effective U.S. filing date, whichever is longer. A design patent term is 14 years from patent grant. The right conferred by the patent grant extends throughout the United States. The terms "Patent Pending" and "Patent Applied For" are used to inform the public that an application for a patent has been filed. Patent protection does not start until the actual grant of a patent. Marking of an article as patented, when it is not, is illegal and subject to penalty.

A patent cannot be obtained on a mere idea or suggestion. Patent applications are examined for both technical and legal merit. Prior to filing a patent application, a search of existing patents can be conducted at the USPTO Patent Search Room or at a Patent and Trademark Depository Library in your area. For additional information on patents, you may visit the USPTO Web site at http://www.uspto.gov/main/patents.htm.

Answer 4

Is your gambling concept a device of some sort? Is it new? If so, then you could patent it. You need a working device though. Patents are not supposed to be given out for just paper designs (although, some do slip by them from time to time).

If it is a method of gambling, then you may not be able to do it. However, I do know of certain games that were patented because they had new, novel elements to them.

Answer 5

If you have a game them then you should have no problem.