New Rules of the Game for Filing Videogame Patents
Guest blog by Chinh Pham, Patent Attorney and Shareholder, Greenberg Traurig – Boston
Greenberg Traurig’s Chinh Pham (right) at the 2012 MassDiGI Game Challenge.
On September 16, 2011, President Obama signed the Leahy-Smith America Invents Act (“AIA”) into law. With this Act, the U.S. patent system is experiencing the most significant reform in more than 60 years. One of the most important changes is the shift from a “first-to-invent” to a “first-inventor-to-file” system. Innovators of video gaming, mobile media, music and social networking technologies need to understand how this new process will impact their ability to protect and monetize their inventions.
Under the former patent system, a video game developer who conceived of a technology first but files a patent application on that technology after a competitor can still be entitled to a patent on that technology. However, in the new first-to-file system, the first applicant to file a patent application is entitled to a patent regardless of who conceived of the technology first.
The first-to-file patent rules will take effect on March 18, 2013. To adequately protect your video game related technology, you may want to consider accelerating the timetable for patent application filings. Video game developers should consider patent strategies early in the design phase rather than waiting for a development of a prototype. This allows you to establish earlier priority dates over subsequent patent filings by your competitors, and can potentially require your competitors take a license to avoid infringing your technology. The earlier priority dates can also enhance your ability to attract investors.
Greenberg Traurig’s Video Gaming and Interactive Media Team will keep you informed of new patent reform provisions that impact your ability to build a strong intellectual property portfolio. For more information, feel free to contact me directly at phamc@gtlaw.com.
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“The video game industry in Massachusetts is reaching new levels of growth, with no signs of stopping.” Read the complete story in the Worcester Business Journal here.
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“Apple unveiled its iPhone 5 last month, and it’s sure to make a bundle from its latest gadget. But forget about the $108-billion tech giant and its various competitors for just a moment, and turn your attention to a fast-growing Central Massachusetts ecosystem that has quickly sprung up because of the smartphone.” Read the full story at the Worcester Business Journal here.
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Massachusetts will honor its indie developers and its game industry heritage tomorrow in a way no other state has — it has declared September 22 as Independent Game Development Day.
It’s not an informal declaration without weight to it, either — Massachusetts Governor Deval L. Patrick made the state-wide day official with a proclamation, and said, “[I] urge all citizens of the Commonwealth to take cognizance of this event and participate fittingly in its observance. ”
Read the full story at Gamasutra here.
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MassDiGI Managing Director Monty Sharma answers videogame business related questions on Gamebreaker.TV. Check in here every week for a new episode.
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Please click below to read MassDiGI’s press release regarding the survey results and a brief survey summary sheet as well as links to media stories on the survey itself.
MassDiGI Press Release
MassDiGI Survey Summary
Media
Boston Globe (subscription)
Boston Business Journal
Mass. High Tech
WPRI
Gamasutra
Worcester Telegram
GamesIndustry.biz
Worcester Business Journal
State House News Service (subscription)
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“Despite the sluggish US economy, the Massachusetts video game industry keeps growing, according to a survey by Massachusetts Digital Games Institute (MassDiGI), a state-sponsored game development center at Becker College in Worcester.
The survey found that Massachusetts game companies directly employ 2,041 workers, up 78 percent from the number found in a 2009 survey by the Massachusetts Technology Leadership Council. On average, these jobs pay $90,000 a year, for a yearly statewide payroll of over $234 million, including benefits.”
Click here to read the full story in the Boston Globe.
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“As the High School Senior Class of ’13, it is you who will build a path to the next generation of gaming. Already, the ideas in your head will be for games that no one can conceive of in this day and age. You will build a new path of the new games and amazing stories yet to come.” Click here to read the full story at G4.
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Game Change: Where Have We Been & Where Are We Going?
November 27, 2012, 7:00 p.m.
Becker College, 80 William Street, Worcester, MA
Walter Somol serves as the director of tech community outreach at Microsoft NERD, helping to grow and foster the technology community in the Greater Boston area. Before coming to Cambridge, Mr. Somol spent over five years in Redmond, WA managing one of Microsoft’s Interactive Entertainment Business Development and Publishing teams. His job in IEB included structuring and negotiating complex strategic partnerships, evaluating new business models, growing the online business via Xbox LIVE, publishing and distributing new video games, and developing and fostering long-term relationships with partners. Mr. Somol has worked with many of the top-tier Xbox 360, PC, online, and mobile publishers and developers.
Free and open to the community. Seating is limited. RSVP to lectures(at)becker.edu.
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