ARTICLE
11 December 2024

EA Open Sources Patents, Sometimes It's Better Not To Be In The Game

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Marks & Clerk

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Electronic Arts has made accessibility-focused game patents open-source, promoting inclusivity and challenging myths about video game patents. These patents can foster innovation, collaboration, and accessibility by enabling developers to integrate inventive features while benefiting the industry.
United Kingdom Intellectual Property

I saw this article on games developer Electronic Arts making a batch of Patents relating to accessibility in games open-source. It's a great gesture, and should make it just that bit easier to make games more accessible and inclusive. It also gets to the heart of several myths about patents for computer games.

A common myth is that it isn't possible to patent any video game related technology in Europe. The reality is slightly more nuanced and, while it is generally difficult to patent any rules of game-play, it is potentially possible to protect new and inventive technical game related features, particularly of the "engine" that sits below the game. For example, features that allow improved accessibility, faster or more secure data transfer for network games, even down to novel random event generators, are not necessarily excluded from patentability.

Another common myth is that the only use of Patents is to keep competitors away from inventive ideas. While that is one possible use, Patents can effectively give innovators control of their invention to help them achieve their goals for that invention. The patents can be licensed, sold, used to reassure investors, used for prestige or even made available for use subject to conditions such as acknowledgment.

With this in mind, even if it's "in the game", it doesn't necessarily mean that it can't be patented.

this new batch of open-source patents "encourages the industry to work together to make video games more inclusive by removing unintended barriers to access"

www.gamedeveloper.com/.

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