So you’ve created an awesome board game. Maybe you’ve been playtesting it with friends for months. Perhaps you’ve already got publishers interested. And now you’re wondering: should you patent a board game?
Here’s the deal:
Patenting a board game is definitely possible. But whether you SHOULD do it is a completely different question.
In fact, after diving deep into this topic, I can tell you that most board games don’t need patents. And for many game designers, pursuing a patent can actually hurt more than help.
But there are specific situations where patenting makes total sense.
In this guide, as a professional board game manufacturer, I’ll break down exactly when patenting your board game is worth it (and when it’s not). I’ll also show you alternative ways to protect your game that might work even better.
Let’s dive in.
Can You Actually Patent Board Game Mechanics?
First things first: Yes, you CAN patent a board game.
But here’s what most people get wrong:
You can’t patent an entire game. You can only patent specific game mechanics or unique functional aspects.
For example, Magic: The Gathering famously patented their “tapping” mechanic – where you turn cards sideways to show they’ve been used. That single patent helped them build a monopoly that led to selling over 20 billion cards.
Pretty wild, right?
But that’s the exception, not the rule.
Here’s what board game patents actually protect:
Utility Patents: These protect the functional aspects of your game – how it works, unique scoring systems, or innovative mechanics. They last 20 years.
Design Patents: These protect the ornamental design of physical game components – like uniquely shaped pieces or board layouts. They last 15 years.
The key thing to understand?
Your game needs to meet three requirements for a patent:
- New: It hasn’t been publicly disclosed before
- Useful: It serves a purpose (entertainment counts)
- Non-obvious: It’s not just a simple modification of existing games
That last one is the killer. Patent examiners can combine mechanics from multiple existing games to argue your game is “obvious.”
The Real Cost of Patenting Your Board Game
Let me be straight with you:
Getting a patent isn’t cheap.
You’re looking at $12,000 to $25,000 (or more) just to get the patent. And that’s if everything goes smoothly.
But wait, it gets worse.
If someone infringes on your patent, enforcing it can cost hundreds of thousands – even millions – of dollars in legal fees.
One game designer told me: “The cost to file a patent is approximately the total profit that a typical game makes.”
Think about that for a second.
Unless you’re confident your game will be in the top 5-10% of sales, you might spend more on the patent than you’ll ever make from the game.
When Patenting Actually Makes Sense
Now, I don’t want to scare you away from patents entirely.
There ARE situations where they make total sense:
1. You Have a Truly Revolutionary Mechanic
If you’ve invented something genuinely new – not just a clever combination of existing mechanics – a patent might be worth it.
The key word here is “revolutionary.”
We’re talking about mechanics that change how games are played. Like the tapping mechanic in Magic. Or a completely new way of resolving combat that nobody’s seen before.
2. You’re Expecting Massive Commercial Success
Be realistic here.
If your game has the potential to be the next Catan or Ticket to Ride, patent protection could dramatically increase your profits.
But if you’re hoping to sell a few thousand copies through Kickstarter? The math probably doesn’t work out.
3. A Publisher Wants to License Your Game
This is huge.
If a major publisher is interested in your game, having a patent can significantly increase the licensing fee they’ll pay.
Why? Because the patent gives them exclusive rights to that mechanic. They know competitors can’t just copy it.
The Better Alternative: Copyright and Trademark Protection
Here’s what most successful board game designers actually do:
They skip the patent and focus on copyright and trademark protection instead.
And honestly? For 90% of games, this approach works better.
Copyright Protection:
- Automatically protects your rules text, artwork, and game board design
- Costs almost nothing (basic protection is automatic)
- Prevents others from directly copying your work
- Lasts for your lifetime plus 70 years
Trademark Protection:
- Protects your game’s name and logo
- Helps build brand recognition
- Costs a few hundred dollars to register
- Can last forever if maintained
The beauty of this approach?
It gives you solid protection without breaking the bank. And it aligns with how the board game industry actually works.
Why Most Designers Skip Patents (And You Might Too)
The board game community has an interesting culture around intellectual property.
Many designers view game mechanics as something that should be freely shared and built upon. It’s how the industry innovates.
Think about it:
How many “worker placement” games exist? Or “deck building” games? If the first designer to use these mechanics had patented them, we’d have way fewer awesome games today.
Plus, there’s a practical issue:
Proving patent infringement for board games is incredibly difficult. Someone can often change a few elements and avoid your patent entirely.
As one patent attorney told me: “The narrower your patent, the easier it is for competitors to work around it. But the broader your patent, the harder it is to get approved.”
It’s a catch-22.
How to Protect Your Game Without a Patent
So if patents aren’t the answer for most games, what should you do?
Here’s my recommended approach:
Step 1: Use Non-Disclosure Agreements (NDAs)
When showing your game to playtesters or potential publishers before it’s public, have them sign an NDA.
This legally binds them to keep your game confidential.
(Note: Many established publishers won’t sign NDAs. That’s normal – they see too many submissions to track.)
Step 2: Focus on Building a Strong Brand
Register your trademark. Create distinctive artwork. Build a community around your game.
These things are harder to copy than mechanics – and often more valuable.
Step 3: Document Everything
Keep detailed records of your game’s development. Date everything. This can help if you ever need to prove you created something first.
Step 4: Move Fast
The first game to market with a new mechanic often dominates, even without patent protection.
Speed can be better protection than any legal document.
Making the Final Decision
So let’s bring this all together.
Should you patent your board game?
Here’s my honest take:
Consider a patent if:
- You’ve invented a genuinely revolutionary mechanic
- You have deep pockets for legal fees
- A publisher is offering a licensing deal that depends on patent protection
- Your game has blockbuster potential
Skip the patent if:
- Your budget is limited
- Your game uses creative combinations of existing mechanics
- You want to focus on building a game business (not fighting legal battles)
- You value community goodwill
For most indie game designers, copyright and trademark protection combined with smart business strategies will serve you better than an expensive patent.
The Bottom Line on Board Game Patents
Look, I get it.
You’ve poured your heart into creating something special. The idea of someone copying it feels terrible.
But here’s what successful game designers know:
Execution matters more than ideas. Marketing matters more than mechanics. And community matters more than legal protection.
The question “should you patent a board game” doesn’t have a one-size-fits-all answer. But for most designers, the answer is no – there are better ways to protect and profit from your creation.
Focus on making an amazing game. Build a brand people love. And use the money you’d spend on a patent to market your game instead.
That’s how you build a successful board game business in 2025.
