A patent is a legal document that safeguards an invention from others’ use. It grants inventors an exclusive, limited monopoly over their creation for an agreed upon period (usually 20 years).
Before applying for a patent, you must first determine if your toy or game invention qualifies. After that, submit an application that details the invention and makes relevant claims.
Patent eligibility
No matter if you’re an amateur toy designer or a major toy manufacturer, patenting your inventions is one of the best ways to protect them from being stolen by others. But in order for a patent to be valid, certain criteria must be met: novelty, non-obviousness and usefulness.
Gaining an understanding of these factors will significantly boost your chances of patenting your invention. It also makes deciding whether you need to file for a patent or not much easier.
When it comes to protecting your toys, there are two types of patents you can use: utility and design patents. Each has different eligibility requirements and fees; therefore, consult a patent attorney for guidance in selecting which type to apply for.
If you’re thinking about applying for a patent, keep in mind that the process can take time. On average, the USPTO takes around 18 months to examine an application; however, this timeline may differ depending on the technology field.
Once the patent examiner has reviewed your application, they will send you what is known as an “office action.” This initial office action outlines which issues must be addressed before moving forward with final examination. Once all those issues have been corrected, then a notice of allowance will be issued.
Although many toy designs and games do not qualify for patents, their valuable properties can still be protected through trademarks and copyrights. A well-crafted intellectual property strategy will protect your invention and shield you from lawsuits.
In a competitive industry like toy design, having the appropriate type of protection can be paramount – particularly one that relies heavily on consumer demand and short shelf lives. Toy designers should collaborate closely with their patent counsel to devise a strategy that matches with the product’s life cycle and which IP protection will be most advantageous.
Toy designers often opt for expedited protection methods like design patents or trademarks. Though these forms of IP protection can be costly and time-consuming to obtain, they still offer an impressive return on investment. Furthermore, these documents serve as essential tools in safeguarding a toy’s unique gameplay and aesthetic.
Patenting a toy
If you’re an inventor, it’s important to understand how to protect your inventions. Getting a patent is an excellent way to stop others from copying your ideas and competing with you in the marketplace. Inventors should conduct their own research to find out if there is already a similar product available. It’s also recommended to use a professional researcher to ensure your toy is unique and worth pursuing.
Inventing a toy or game can be an enjoyable and rewarding experience, but it isn’t always straightforward. Before launching a product, you need to consider several factors like safety, marketability and perceived value among consumers.
It is wise to patent your invention and safeguard it from copycats who might try to replicate or steal your work. A patent grants legal protection to an inventor, giving him exclusive rights for 20 years from the date of grant to make, use or sell a new invention.
It is essential to determine if your idea qualifies for patent protection, as this could determine the success of your toy or game. Applying for a patent requires filling out an application form with the United States Patent and Trademark Office (USPTO).
To qualify for patent protection, your toy or game must be unique. Create a one-page abstract outlining its functions, how it operates and how to construct it. Be sure to include detailed drawings of the product as well.
Another essential element for a successful toy is an effective return policy. This encourages consumer loyalty and increases brand awareness, as well as guaranteeing defective items are returned to the manufacturer.
Finally, if you wish to register the name of your toy as a trademark, the process is relatively straightforward. Simply fill out an application with the USPTO and pay any applicable fees; usually taking around one year before approval or denial occurs.
The process of filing for a patent is complex and expensive, so it’s important to consult with an attorney before starting the process. You’ll need to fill out several forms and draft a detailed patent specification.
When you’re ready to file, you’ll need to prepare drawings of your invention. These should show the actual ornamental design that is claimed in your patent application. You’ll also need to decide whether you want to file a utility patent or a design patent. A utility patent protects the functional aspects of your invention, while a design patent protects its appearance.
Toys and games are an excellent choice for obtaining patent protection because they are often simple and inexpensive to manufacture. However, it’s important to remember that toy and game designs are a common target for competitors.
Toys and games can be patented through either a utility or a design patent, but both are required to be unique. In addition, you’ll need to conduct a thorough prior art search to make sure your toy isn’t already patented by someone else.
If you want to safeguard your product against other companies, filing for a patent and trademark is the best course of action. Doing this ensures that others cannot make or use your toy without permission from you.
Search the World Intellectual Property Organization’s PatentScope database to see if your idea has already been patented. However, it’s best to consult a patent attorney prior to filing your application in order to confirm that your toy qualifies for protection.
Examples of patented toy and game patents.
1. Barbie
U.S. Patent No. 3,009,284 explains: “This invention provides a doll having a body and limbs in articulated relationship and means for supporting the doll in an upright or standing position for display or for storage.”
2. Video Game Console
In April of 1973, the U.S. Patent and Trademark Office issued U.S. Patent No. 3728480, which is titled Television Gaming and Training Apparatus. Assigned to Sanders Associates, it lists Ralph Baer as the sole inventor.
3. In 1935 the United States Patent and Trademark Office (USPTO) issued U.S. Patent No. 2,026,082 on Monopoly®, one of the most successful and beloved board games of all time.
4. Rubik’s Cube
Invented in 1974 by Hungarian inventor Ern? Rubik, the device was patented in the United States with the issuance of U.S. Patent No. 4,378,116 on March 29, 1983, with the title Spatial logical toy.
Filing a patent application
If you have a toy or game idea that you would like to protect, patenting it can be the ideal solution. Although the process can be time-consuming and costly, patenting allows for the unique identification of your invention and prevents others from using it without permission.
To apply for a patent, you must first file a patent application with the USPTO. This includes creating a detailed description of your toy, uploading all required documents and paying applicable fees. You can check on the status of your application by visiting USPTO’s Patent Application Information Retrieval System (PAIR) online portal.
Once your patent application is submitted to the USPTO, they will review it and make a determination as to whether an award should be granted or not. If your request for patent protection is rejected, however, you have an opportunity for appeal. Appeals are heard by judges with expertise in patent law at the Patent and Trademark Appeals Board.
Filing a patent application can be complex, so it is best to enlist the assistance of a patent attorney for assistance. They will advise you on which type of patent will be most advantageous for your invention and how to safeguard it from infringement.
Before beginning the patent process, it’s essential to research your product’s market potential. Doing this will enable you to decide whether obtaining a patent is worthwhile.
Your invention must be original, useful and non-obvious. To guarantee this is the case, conduct a comprehensive prior art search to confirm that no other inventor has created the same invention as you.
Once your invention is designed, create a one-page abstract describing its function and construction. This should demonstrate that your invention is unique, useful and not-obvious; thus making it straightforward for an experienced technician to manufacture without needing outside sources for ideas or inspiration.
The patenting process can take years and be costly. However, if your toy proves popular and generates revenue over time, the investment may be worthwhile.
Obtaining a patent
A patent for your toy and game can protect its intellectual property and give you the legal protection to sue if someone infringes upon it. A patent also serves to ensure that only you own the rights to market the item you have created.
The initial step in inventing an invention is writing up a comprehensive description. This should contain illustrations and all unique features of your toy or game, as well as any alternate rules you have created. Furthermore, make sure the description includes both standard rules for playing along with any alternate rules created by yourself.
Your description should be one page long and include a detailed breakdown of each object that makes up the toy or game. Furthermore, explain how these objects are connected and what their function is.
You should also create technical drawings of each object. These should be in black and white, drawn using a technical pen (not a pencil), with dots or hashes to indicate scale so others can easily construct your toy or game if they wish.
Another essential step is conducting a “prior art” search. This ensures there are no pre-existing technologies similar to what you plan on using for your toy or game. You can do this by searching patent abstracts online through the World Intellectual Property Organization’s PatentScope search engine.
Finally, you must obtain a trademark for your toy or game. The United States Patent and Trademark Office can assist with this. To apply, complete an electronic trademark application through their Trademark Electronic Application System with your name, address, what item(s) you wish to trademark, description of what the item will look like on the product and an indication of where it will appear on it. Additionally, provide any relevant artwork including drawings/pictures of the item being trademarked (if possible).