Once thought of as a fledgling industry producing children’s toys, the video game industry is now one of the largest and fastest-growing industries in the world, grossing more than $47 billion in worldwide revenue and producing high-tech products geared toward people of practically all ages and demographics. Companies in this industry often own vast amounts of intellectual property. Indeed, for most companies in the video game industry, intellectual property is the company’s lifeblood. It often is at the core of what the company makes and sells, whether it be hardware or software. Moreover, it often is what separates a company in the industry from its many competitors.
Despite the size, growth and high-tech nature of this industry, most video game companies do not aggressively pursue the full range of intellectual property protections available. Historically, most companies in this field have focused almost exclusively on copyright and/or trademark protection for things such as software, logos, game characters, game story lines and game titles. For various reasons, many companies in this industry have ignored or given short shrift to securing patents. This decision can come at a great cost in terms of lost opportunities and risk to one’s business.
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