How Much Does It Cost to Patent a Game?
As a lifelong gamer and content creator focused on the business side of gaming, this question comes up a lot – what exactly does it cost to legally protect your unique video game invention? Based on research into hundreds of game patents and conversations with several patent attorneys that specialize in protecting video game IP, here is a comprehensive breakdown.
Attorney Fees – The Largest Expense
You‘ll need to work with a registered patent attorney or agent to prepare and file your patent application properly. Unlike copyright which attaches automatically, every aspect of the patenting process involves specialized legal knowledge. Attorney fees often range from $8,000 to $15,000 on average for a moderately complex casual or mobile game patent, including:
- Evaluating your game concept and recommending a patent strategy
- Prior art searching to validate patentability
- Drafting the detailed patent application and claims
- Filing and corresponding with the USPTO
- Working with patent examiners to push approval
According to a 2019 AIPLA survey, attorney fees for a moderately complex electrical/computer patent (covering video games) breaks down as follows:
| Stage | Cost |
|---|---|
| Pre-filing (prior art search, evaluation etc) | $1,500-$3,000 |
| Initial drafting, filing | $5,000-$7,000 |
| Back-and-forth with USPTO | $5,000-$10,000 |
| Total Attorney Fees | $11,500-$20,000 |
However, far more complex AAA games, especially with sophisticated graphics, AI, networking etc may have higher attorney costs from $20,000 to $50,000+. The key factors are the complexity of your game concept and the breadth of protection sought.
USPTO Filing Fees
There are official government filing, search, examination, and maintenance fees you must pay to the United States Patent and Trademark Office (USPTO) to process your application. For a utility patent application, this includes:
- Basic filing fee – $300
- Search fee – $660
- Examination fee – $380
- Issue fee – $660 upon allowance
- Maintenance fees – $1,600 due at 3.5, 7.5 years after allowance
So you can expect to pay the USPTO $2,000 to $3,000 in total official fees, not counting attorney services. Additional claim fees beyond 20 total claims can also add a few thousand more.
Prior Art Search
I highly recommend paying an attorney or professional search firm to comprehensively search issued patents, patent applications, and non-patent literature before filing your own application. This allows validating your game‘s novelty early and adjusting patent claims/strategy accordingly.
Expect to invest around $1,500 to $3,000 or more for a detailed prior art search and analysis comparing your idea to existing games and patents. This helps avoid spending large sums drafting a doomed application, so it‘s perhaps the most cost-effective stage.
Total Costs – $15K to $25K+
In total for a moderately complex casual or mobile video game patent, with a well-drafted and thoroughly searched application, expect total patenting costs around $15,000 to $25,000+. This includes attorney and filing fees from start to finish of prosecution.
Again, far more complex AAA games could cost $50,000 or more all-in when you factor attorney time drafting an expansive application and advocating through more rounds of rejection to finally earn broad protection. But for an indie developer with a clever mechanic or twist on an existing genre, a strong patent is possible in the $15-$25K total expense range with some effort.
I‘m happy to answer any other questions about protecting video game IP, as both an attorney and fellow gamer! Please reach out if you or your studio could use help navigating patents, trademarks, copyrights, or licensing deals around new games.
