Copyright vs. Patent Protection for Board Games

Most board games have copyright protection; very few have patents. The distinction is critical for designers, publishers, and consumers alike.

Copyright (Automatic, Broad)

• Covers: Rulebook text, card text, board artwork, box art, miniature sculpts, component graphics, written lore.
• Does NOT Cover: Game mechanics, rules concepts, procedures, "idea" of the game (e.g., "worker placement," "deck-building," "roll-and-move").
• Duration: Life of author + 70 years (US) or 50–70 years post-publication (corporate).
• Enforcement: You cannot photocopy rules, scan art, or clone text/assets. You can make a game with identical mechanics using original art/text.

Patent (Rare, Narrow, Expensive)

• Requires: Novel, non-obvious, useful physical mechanism or apparatus—not abstract rules.
• Examples: Magic: The Gathering (tap mechanic patent, expired), Mouse Trap (Rube Goldberg device), Simon (electronic sequence device), unique physical components (e.g., Jenga block shape patent).
• Duration: 20 years from filing.
• Reality: <99% of board games have zero patents. Filing costs $10k–$30k+; most mechanics are considered abstract ideas ineligible post-Alice Corp. v. CLS Bank (2014).

Practical Implications

• Designers: Protect your art/text via copyright (register for statutory damages). Don't rely on patents for mechanics.
• Publishers: Trademark the title/logo. Use contracts for trade secrets (unpublished prototypes).
• Consumers: Fan-made expansions/translations are legally risky if they copy assets; mechanics clones are generally legal (e.g., Dominion clones).