Enriching Life Through Innovative Ideas SM



The United States is one of the only countries to grant patents for newly created casino games. The process of inventing and patenting a new Casino Game is similar to the patent process of any other invention. As with any new invention, the inventor must first make sure there is nothing like it on the market already. 

Requirements of a New Game

There must be proof of a market for your game before investing a large amount of time and money into the patent process. The inventor should first test the market and make sure the new game is not similar to on any other existing game. A new casino game must also be simple and easily understood by players. In order to attract investors and players, the game must have simple rules and be appealing within the first 30 second of explaining the game.

The game must first have a field trial in a casino. The casino will keep all profits made from the game and the inventor will have to pay the costs of training casino staff to deal the game, custom-made equipment, and signage. There must also be an application for a permit submitted to the Gaming Control Board along with a filing fee. It takes approximately a year for the board to review and approve the application.

Few casinos accept new games because in order to implement a new game, they would need to replace an existing one that already generates a large amount of profit, such as blackjack. The newly invented game must generate more money than the existing the games in the casino for it to be profitable for the casino.

Furthermore, casinos only want to carry games that generate a large profit for the casino. In order for casinos to want to invest in the game the odds must be good for the house. It would also be a good idea to run trials on all the possible hands and outcomes for the game. Then the inventor can hire a mathematician to calculate the odds for the house to win as well as the odds of winning for players.

Obtaining a Patent

The inventor can first file a provisional patent application which gives them one year to decide whether or not to file a nonprovisional patent. The inventor can use the 12-month grace period to see if there is a market for the new game. This is especially useful for inventors on a budget because the cost of filing a provisional patent application is relatively low compared to the cost of filing a nonprovisional patent. Upon filing a provisional patent application, the inventor can say they have a “patent pending” which will help protect the elements of the new game as the inventor decides whether or a nonprovisional patent is worth pursuing.

In order to file a provisional patent application, the game must be described in detail and it must enable someone in the casino game industry to easily build and use the game. The provisional patent application should focus on claims and novel aspects of the game that will differentiate the game from the casino games that already exist.

Protecting the Game

Different types of intellectual property laws can protect different aspects of the game. For example, the name of the game is eligible to be trademarked, or if an instruction manual is created, it can be protected by a copyright. The method of play, if unique and original, may also be protected through a patent.

In order to begin the process of obtaining a patent, you will need to contact a patent attorney who can perform a patent search to decide which components of the game can be patented. The search will help the inventor avoid infringement on any patents and other copyrighted material. Any derivative of a current game can be viewed as possible copyright infringement which can have costly consequences.
Many larger gaming companies will search through the numerous patents they own to see if a new game is similar. If they find any similarities, they may try to continuously sue the inventor of the new game that will lead to high legal costs. The only option for the inventor is to pay the large legal fees or to sell the game at a below market price.

FindLaw Network

What Our Clients Say

Starting a new business can be a bit scary. Aside from worries of failure, there’s also the hassle of making sure all legal paperwork are properly filed. I reached out to Mr. Wang (Tommy) because of his excellent reviews and reputation and I am so glad I did. He was thorough and meticulous in answering all of my concerns and took time to find out special laws and policies regarding the kind of business I am starting. I could focus on the daily practical side of starting my new office without worry because I felt Tommy was reliable and took my case seriously. My business is opened and it’s all been a smooth start because of Tommy’s help. I have plans to start another business venture in the next few years and I already know I’ll be coming back to Wang IP Law.

The Shindig W.

I came to Tommy for help reviewing a licensing agreement I had secured with a well-known manufacturer. Tommy made sure I understood all the details in the contract and he negotiated with the company to improve my side of the deal. I mentioned to Tommy at my first consultation that we were looking to expand throughout the US and were investing a lot of money to make a big entrance into the market. I did not think I would have my store open so soon but Tommy also has connections with the local area and realtors to help me secure the location for my first store in the Los Angeles area. Tommy works a lot with the local businesses and he understands how to transition from the Asian market to US market. Within 8 months my store was open for business and fully operating. I must recommend Tommy to any business owners looking for help with contracts and improving their side of the deal. Tommy has the knowledge and experience to make sure there is a smooth process to open for business here, and make sure that your company is set up for success.


I think Tommy and his team by far considered the best people to work with in my 16 business years. Beside quick responses to all my inquiries, they also done things right and providing very professional solutions. I’m highly recommending Tommy and his firm to all business owners.

Calvin C.

I have been working on my Utility Patent for almost 4 years. I have hired and fired two very reputable IP firms because with all their expertise and reputation for being some of the top firms in IP Law, I felt a lack of connection and care in my product, time and financial investment. Then I found Tommy and his team. Tommy does not waste time. He and his team are professional and extremely thorough. After 4 years, I finally found a legal team that I felt spent the time to really understand the components of my utility patent. Tommy also very mindful of cost and how and where my money would be better spent. I really feel I am in great hands with Tommy and his team. They have been patient with my revisions. And most importantly, they made me feel that they fully understood the importance this patent is to me. It has been a great and comforting pleasure working with Tommy.


Read All