Please provide me with a step by step approach for patenting an
"interactive Computer-Based TV Game Show" with the US Patent and
Trademark Office (USPTO).

Hi! Thanks for the question.

Before we start answering your question, let us first determine the
differences of the different types of intellectual property protection
available out there. Then we can determine what is more appropriate
for you. The United States Patent Office provides a distinction of
such terms.

?A patent for an invention is the grant of a property right to the
inventor, issued by the Patent and Trademark Office.?

?A trademark is a word, name, symbol or device which is used in trade
with goods to indicate the source of the goods and to distinguish them
from the goods of others.?

?Copyright is a form of protection provided to the authors of
?original works of authorship? including literary, dramatic, musical,
artistic, and certain other intellectual works, both published and
unpublished.?

?What Are Patents, Trademarks, Servicemarks, and Copyrights??
http://www.uspto.gov/web/offices/pac/doc/general/whatis.htm 


Based on this information we can immediately see that your work will
fall under copyrights since it is an original work of art. The U.S.
Copyright Office website provides a distinction of what are the types
of work that is protected.

1. literary works; 
2. musical works, including any accompanying words 
3 dramatic works, including any accompanying music 
4. pantomimes and choreographic works 
5. pictorial, graphic, and sculptural works 
6. motion pictures and other audiovisual works 
7. sound recordings 
8. architectural works

?Copyright Basics?
http://www.copyright.gov/circs/circ1.html#wwp 


If your show is a TV Game show as said in your title then your work
could be classified under the performing arts section. Your category
will be under ?motion pictures?.

?Motion pictures are audiovisual works consisting of a series of
related images that, when shown in succession, impart an impression of
motion, together with any accompanying sounds. They are typically
embodied in film, videotape, or videodisk.?

?Motion Pictures?
http://www.copyright.gov/register/pa-motion.html 
 

Here is a link to a step-by-step guide on how to register for a
copyright of your TV Game Show.

?Performing Arts?
http://www.copyright.gov/register/performing.html 


The ?motion picture? category has a separate deposit requirement.

?Motion Pictures Deposit Requirements?
http://www.copyright.gov/register/pa-deposit-mp.html 


However if you say that your work will be ?computer based? meaning a
person will need a computer to enjoy your work such as a computer game
software or online gaming then it falls under the visual arts section.

Here are the examples in the ?Visual Arts? section.
http://www.copyright.gov/register/va-examples.html 


Our next link will provide the step-by-step instructions for
registering Visual Arts works.

?Visual Arts?
http://www.copyright.gov/register/visual.html


The About.com website also has some good tips on how to apply for a copyright.

?How to Apply For a Copyright?
http://usgovinfo.about.com/c/ht/00/07/How_Apply_For_Copyright0962932962.htm 


Search terms used:                          
"how to apply for a copyright"
copyright computer works site:www.loc.gov 
                 
I hope these links would help you in your research. Before rating this
answer, please ask for a clarification if you have a question or if
you would need further information.
                         
Thanks for visiting us.                         
                         
Regards,                         
Easterangel-ga                         
Google Answers Researcher

---

Request for Answer Clarification by jakek-ga on 29 Nov 2003 07:26 PST

Thanks for the Answer. Please provide additional clarification:
1. To get it right, how were TV Game Shows such as "Who Wants to be a
Millionaire", "Jeopardy", "Where in the World is Carmen Sandiego",
"Double Dare" and the like were property protected? Copyright or
otherwise?
2. Facts, ideas, systems, or methods of operation cannot be protected
at all or fall under another category? How can then one protect
his/her idea in that case?

Regards

---

Clarification of Answer by easterangel-ga on 30 Nov 2003 01:24 PST

Hi!

Based on your original questions on the step-by-step approach, I have
already answered your question. I will now try to answer your
additional questions in the clarification.

1. I wasn't able to find concrete steps taken to find how such game
shows you mentioned were copyrighted. It seems that this type of
information is known within only the circles of the show's pioneer
makers. It would also safe to say that they probably did the steps
posted at the US Copyright Office. The reason for this is that in
actuality you do not need a copyright for a work to be protected. Once
a work has been made then it is automatically protected. But for sure
the producers tried to provide additional protections for their work
so they formalized the copyrights of these shows. I have tried to find
additional info on how they actually did it but cannot find anything.
Since this is an additional question already maybe you could post this
part again so that other researchers might get a crack at it.


2. In regards to the protection of ideas, I found this interesting
article about game show ideas and copyright.

"The whole question of copyright in game shows is a matter of public
controversy at present and there is a substantial lobby for the
introduction of amending legislation. You should, consider obtaining a
written confidentiality undertaking from producers before disclosing
your idea to them..."

"On the other hand, a reputable producer who accepts the originality
of your idea is unlikely to dispute your claim to copyright on
technical grounds, and in practice there are many instances where
producers have been ready and willing to pay royalties to creators of
game shows for the use of their ideas and material."

"Intellectual property - game show ideas"
http://www.thestage.co.uk/connect/eagle/0506.shtml


I have answered a similar question before about protecting ideas but
on the patent side of things. However here are some links, although it
is in the UK,  that have practical ideas on protecting your ideas.

"Ideas"
http://www.here4business.co.uk/blyny/development/protectingideas/ideas.asp

"Ensuring confidentiality"
http://www.here4business.co.uk/blyny/development/protectingideas/ensuringConf.asp

Please take note of the disclaimer below that this answer is general
information only and is not a substitute for professional legal
advice. I suggest that you consult first with a lawyer in order to
ensure protection of your ideas.

Thanks!

Best Regards,
Easterangel-ga

I am very pleased with the type of responses both to my original
question and the clarification thereafter. I would rate it more than 4
stars but less than five stars.
Many Thanks

Just a brief note of clarification on the various types of
intellectual property involved.  When you say "patent" do you really
mean a patent, as opposed to copyright or trademark?  Copyright
protects expression of a sufficiently creative idea into a tangible
medium.  Trademark protects forms of commercial identification. 
Patents protect useful inventions.

Assuming you do mean a patent, the first step would be to perform a
patent search to make sure no one else has already patented the
concept.  Remember that there are different kinds of patents (design
and utility), and your search should encompass both kinds.  This is
important because a patent is a lawful monopoly to preclude others
from making, using, or selling the patented article for a period of 20
years from the date you file your patent application, so you do not
want to start "making, using, or selling" your game show and find that
you are infringing.  Most people hire a patent lawyer to perform the
search.

Once the search comes back clean, most people hire a patent lawyer to
prepare and file their patent application with the USPTO.  The usual
fees and costs for such a filing are around $10K, depending on the
complexity of the invention.  You do not have to be a patent attorney
to file a patent application on your own invention, so there's nothing
that says you could not file it yourself using the forms at
http://www.uspto.gov/ebc/efs/index.html.

After the application is filed, a process known as the "prosecution"
begins, wherein you or the attorney begin to negotiate with the USPTO
over which of your various ?claims? will be allowed into the issued
patent.  This is important because the claims are the things that you
are entitled to enforce against infringers.  Someone is free to do the
exact same thing you do with your patent as long as they do not do it
in a way that infringes your claims; hence, the old saying about you
cannot protect an idea.

So, again, assuming you mean patent, I would say you should write out
a list of things that make your invention novel, useful and nonobvious
(prerequisites to patentability), do a patent search, the either hire
a patent attorney or file your own patent application. Also remember
that you may not obtain a patent on something that has been publicly
available for more than one year prior to the date of your filing the
application --that is known as the "on-sale" bar.  So, you must keep
your idea secret until you file the application, or at least up until
the year before you file the application.

Then maybe my question should have been asked in a different way:
How to file for  "patent" or "copyright" or "trademark" a TV Game Show
whichever is applicable.

Thanks for the tip! :)