Creating a board game is exciting. But protecting your creative work? That’s where things get tricky.
If you’re wondering how to copyright a board game idea, you’re asking the right question. The thing is, most game designers get this completely wrong.
Here’s the deal:
You can’t actually copyright the “idea” of a board game. But you CAN protect specific elements of your game through various types of intellectual property protection.
In this guide, as a professional custom board game manufacturer, I’ll walk you through exactly which parts of your board game you can protect, how to do it, and the specific steps you need to take in 2025.
Sound good? Let’s dive in.
What You Can (and Can’t) Copyright in Board Games
Before we get into the nitty-gritty of protection strategies, you need to understand what’s actually protectable.
What You CAN Copyright
The good news? Several elements of your board game are eligible for copyright protection:
Game Board Artwork and Design
Your game board’s visual design, illustrations, and artwork are 100% copyrightable. This includes the layout, graphics, and any pictorial elements you create.
Written Game Rules
The specific text of your game rules can be copyrighted. This protects the exact language and presentation of your instructions.
Card Designs and Text
Any original artwork, illustrations, or written content on your game cards falls under copyright protection.
Packaging and Box Art
The visual design of your game box, including logos, artwork, and text layout, is copyrightable.
Character Designs
Original characters, their visual representation, and backstories can be protected by copyright.
What You CAN’T Copyright
Here’s where most people get confused:
Game Mechanics
The actual rules and mechanics of how your game works aren’t copyrightable. For example, you can’t copyright the concept of “roll dice to move around a board.”
The Core Game Idea
Your basic game concept (like “a strategy game about building cities”) isn’t protected by copyright law.
Common Game Elements
Standard gaming components like dice, cards, or basic board layouts that are common to the industry can’t be copyrighted.
Think of it this way: copyright protects the expression of ideas, not the ideas themselves.
How to Copyright a Board Game Idea: Step-by-Step Guide
Now let’s get into the practical stuff. Here’s exactly how to register copyright protection for your board game elements.
Step 1: Determine What Needs Protection
First, make a list of all the copyrightable elements in your game:
- Game board design
- Rule book text
- Card artwork and text
- Character designs
- Packaging design
This helps you understand what you’re actually protecting (and what it’ll cost).
Step 2: Choose the Right Copyright Form
The U.S. Copyright Office offers different forms for different types of work:
Form TX (Text)
Use this for predominantly text-based elements like your game rules or card text.
Form VA (Visual Arts)
This covers visual elements like your game board design, artwork, and illustrations.
Form TX for Combined Elements
If your game has both text and visual elements (which most do), Form TX can cover everything together.
Pro tip: Form TX is usually your best bet for board games since it covers both textual and pictorial elements.
Step 3: Gather Required Materials
Before you file, you’ll need:
Completed Application
Fill out the appropriate form with details about your game, including title, author information, and creation date.
Filing Fee
As of 2025, online registration costs $65. Paper applications cost significantly more ($800+ in some cases), so stick with online filing.
Deposit Copy
You’ll need to submit a copy of your work. For board games, this typically includes:
- High-quality photos of the game board
- Images of all cards (front and back)
- A complete copy of the game rules
- Photos of any unique game components
Step 4: File Your Application
Head to the U.S. Copyright Office website (copyright.gov) and create an account in their Electronic Copyright Office (eCO) system.
The online application will walk you through each step. Make sure you:
- Accurately describe your work
- List all authors and copyright claimants
- Upload clear, high-resolution images
- Double-check all information before submitting
Step 5: Wait for Registration
Copyright registration typically takes 3-6 months in 2025. You’ll receive a certificate once your application is approved.
Here’s the thing: your copyright exists as soon as you create your work. But having that official registration gives you way more legal protection if someone infringes on your rights.
Protecting Your Game Name with Trademarks
Copyright won’t protect your game’s name. For that, you need trademark protection.
Why Trademark Your Game Name?
Trademarking your game name gives you:
- Exclusive rights to use that name commercially
- Legal recourse if someone copies your name
- Protection against others trademarking similar names
- Enhanced brand value and recognition
How to Trademark a Game Name
1. Search Existing Trademarks
Before filing, search the USPTO’s TESS database to make sure your name isn’t already taken.
2. File a Trademark Application
Submit your application through the USPTO website. You’ll need:
- The exact name you want to protect
- Description of how you’ll use the name
- Filing fee (currently $350-$400 per class)
3. Respond to Office Actions
The USPTO may request clarifications or raise objections. Respond promptly to keep your application moving forward.
4. Maintain Your Trademark
Once registered, you’ll need to file maintenance documents and renewal applications to keep your trademark active.
Design Patents for Game Boards
If your game board has a truly unique visual design, consider applying for a design patent.
When to Consider Design Patents
Design patents make sense when:
- Your game board has a novel, ornamental design
- The visual appearance is a key selling point
- You want to prevent others from copying the specific look
Design Patent Process
Design patents are more complex than copyrights. You’ll likely need a patent attorney, and the process can cost $2,000-$5,000.
But here’s the payoff: design patents give you stronger protection for 15 years.
Utility Patents for Game Mechanics
This is where things get really interesting (and expensive).
What Qualifies for Utility Patents?
Utility patents can protect:
- Novel game mechanics or systems
- Unique technological features
- Innovative physical components
- Electronic game elements
For example, if you invented a completely new way for players to interact with game pieces, that might be patentable.
The Reality Check
Here’s the thing: utility patents are extremely difficult and expensive to get for board games. We’re talking $10,000-$20,000 in attorney fees, plus 2-3 years of waiting.
Most board game designers skip utility patents unless they’ve created something truly revolutionary.
Additional Protection Strategies
Beyond formal legal protection, here are some practical steps to protect your game:
Document Everything
Keep detailed records of your game development process:
- Dated sketches and notes
- Email correspondence about the game
- Photos of prototypes at different stages
- Playtest feedback and iterations
This creates a paper trail proving when you created different elements.
Use Non-Disclosure Agreements (NDAs)
When showing your game to potential publishers, manufacturers, or collaborators, have them sign NDAs first.
This legally binds them to keep your game details confidential.
Create a Print-and-Play Version
Publishing a free print-and-play version online establishes public evidence of your authorship and creation date.
Build Your Brand Early
Start building recognition for your game and your name as the creator. This makes it harder for copycats to claim they invented your game.
Common Mistakes to Avoid
After helping dozens of game designers with intellectual property protection, I’ve seen the same mistakes over and over:
Mistake #1: Waiting Too Long
Don’t wait until your game is published to think about protection. Start the copyright and trademark process as soon as you have finalized designs.
Mistake #2: Trying to Patent Everything
Most game mechanics aren’t patentable. Focus your energy (and budget) on copyright and trademark protection instead.
Mistake #3: Ignoring International Protection
U.S. copyright and trademarks only protect you in the United States. If you plan to sell internationally, research protection in other countries.
Mistake #4: Poor Documentation
Keep better records than you think you need. In legal disputes, documentation often determines who wins.
The Bottom Line
Protecting your board game requires a multi-layered approach:
- Copyright your game board design, artwork, and written rules
- Trademark your game name and logo
- Consider design patents for truly unique visual elements
- Document everything throughout your development process
- Use NDAs when sharing your game with others
The total cost for basic copyright and trademark protection typically runs $500-$1,500. That’s a small price to pay for protecting something you’ve poured your heart into creating.
Remember: you can’t copyright the core idea of your board game, but you can protect the specific ways you’ve expressed that idea. And in most cases, that’s exactly the protection you need.
The key is getting started early in your development process. Don’t wait until you’re ready to publish – by then, it might be too late.
Now you know exactly how to copyright a board game idea (and protect all the other important elements of your creation). The next step? Stop reading and start protecting your work.
