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Patenting Games: Baker V. Selden Revisited, Shubha Ghosh
Patenting Games: Baker V. Selden Revisited, Shubha Ghosh
Vanderbilt Journal of Entertainment & Technology Law
Patents are meant to protect the functional aspects of an invention. But patents, particularly patents on processes or methods, can cover non-functional, or expressive, activity. This Article explores this possibility in the context of patents covering games of various types. Patents on games can cover the actual play or use of a game with consequent implications for user-generated content produced by playing games. The Article documents this possibility in the area of fantasy sports and video games and proposes two solutions. The first solution relies on the Federal Circuit's recent decision in In "re Bilski," which restricts the patenting of …