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I have created a card game, the idea is somewhere between poker and slots. I hope to create a website to monetise the game but do not know whether I am able to patent the game in order to stop big companies from stealing the game. How effective is a patent at protecting a card game? Also, if so, then must I patent all small variants of the game also? It should be noted that I am from Australia where gambling websites are legal. Thanks.

  • 3
    You might try these questions at patents.stackexchange.com -- especially the practical ones. – feetwet Jul 10 '15 at 2:54
  • @Tom, What do you mean by the phrase "gambling websites are legal" and to what extent are they legal? – Pacerier Jul 10 '15 at 10:16
  • While US related (and board rather than card game), you may wish to read of 7,264,242 which has been going around in court for the past few years over the size of the damages owed (if it was willful infringement or not - that it infringed isn't in doubt). The judgment is against MGA Entertainment which is a Very Large Company. So yes, it can protect against big companies stealing the game. – user949 Sep 22 '15 at 22:34
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Yes.

The AusPat database is an excellent source for looking for Australian patents. I did a quick search for "card game" and came across 276 results fitting those keywords. Not all involve the classic generic-52-card-deck format, but some do.

A good example - and one that seems similar to your idea - is "Modified blackjack game using non-standard blackjack card values", by Davinder Signh Sandhu. There's no direct link to it from AusPat.1

So yes, you can patent a card game in Australia.

At the moment, I don't have enough information to answer your other two questions.


1 I found a similar American patent with more information, though I have no proof that the two are in similar formats.

  • He mentioned to put the game online... surely your answer should tackle international concerns (because a competitor would be located overseas) instead of limiting yourself to "Australian patents"? – Pacerier Jul 10 '15 at 10:18
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While many card games are patented in the U.S., it has been almost impossible to patent a card game or a board game in the last few years. The movement against software patents has resulted in a very broad application "abstractness" being used as a rejection, even though the courts have not defined it.

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