In 2014, a Supreme Court case emerged as the tip of an iceberg that would sink many gaming patents and make the passage from filing to issuance that much harder. In Alice, the Supreme Court looked at the statute, 35 U.S.C. § 101, which outlines what qualifies for patent protection. Notably, the Court established a test for determining whether software can qualify for a patent or if it attempts to cover unpatentable subject matter, such as an abstract idea. At a high level, abstract ideas refer to “ideas in and of themselves.” Those seeking patents covering aspects of video games will need an experienced captain, as the underlying software and rules governing gameplay tend to gravitate towards the immovable object that is § 101. In this webinar, lawyers from Finnegan will explain the pitfalls to avoid and strategies for safe passage.
Date/Time: 9 December, 3pm ET