Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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dheepan jl   29 August 2023

Card game - copyright, patent

I have created a new card game that I intend to launch as a purchasable physical product. I'm interested in understanding whether I should seek copyright or patent rights for it. Its totally physical not digital game.


Thanks in Advance.


 3 Replies

Udbhav Mehta   07 September 2023

Although more details would be required about your invention, essentially you will look to file a patent for your product. Under sub-clauses of Section 2 of the Patent Act of 1970, it needs to be a distinct, novel and non-obvious idea capable of industrial application. Check Sections 3 and 4 to ensure your invention does not fall under non-patentable subject matter. You could also copyright or file for a trademark for certain artistic elements of your card game.

Declyn Gomes   02 October 2023

Dear Sir,

You would need to file for a patent as the card game is your innovation and you could also file for a trademark to protect the packaging and the artistic element to it. It would be advisable for you to move fast on this as it is always preferred that no one beats you to the registration. Do contact me if you need any legal assistance.

T. Kalaiselvan, Advocate (Advocate)     29 October 2023

You can protect your invention with a patent. A patent can be used to prohibit others from copying, selling or importing your invention.

A patent is the exclusive intellectual property right to an invention of a technical product or process.


Patent applications: the three criteria

  • Novelty. This means that your invention must not have been made public – not even by yourself – before the date of the application.
  • Inventive step. This means that your product or process must be an inventive solution. ...
  • Industrial applicability. This criterion implies that it must be possible to actually manufacture the new invention. In other words, you can apply for a patent on a new kind of playing card that is easier to hold than existing cards. But you can’t obtain a patent for an idea for a new card game.

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