Ideas (and algorithms) cannot be patented. Mental processes cannot be patented. The rules of a game cannot be patented (unless there is a sufficiently inventive concept to “transform” the rules into patent-eligible subject matter … but what does that even mean?). The patent-eligible subject matter exception to 35 U.S.C. § 101 is one of the greatest impediments to obtaining (and enforcing) patents in the gaming arts. This article examines the current state of patent-eligible/ineligible subject matter (particularly, “abstract ideas”) and then offers strategies to navigate that landscape and protect gaming innovations (including through alternatives or additions to patent protection).
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