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Role for Patents In Videogame Industry

By Gregory P. Silberman
September 28, 2006

For videogame developers, publishers and investors, the most important asset is the intellectual property rights they own or control in a game. All of the elements of a videogame ' the story, audiovisual elements, underlying computer code and even 'gameplay' elements (ie, that specify the way a user interacts with and experiences a game) ' are subject to one or more forms of intellectual property protection. Traditionally, intellectual property protection for videogames has been based upon either trade secret, copyright or trademark. Patents, however, are quickly becoming an important part of the videogame industry.

Patents As Protection

Many people in the videogame industry dislike the idea of patent protection for videogames because they believe patents will stifle innovation and hinder the development of the industry. Just as other industries have had to incorporate patents as a form of intellectual property protection, the videogame industry must learn to consider, and adapt to, the implications of patent protection for videogames.

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