Securing Patents for Online Games: Qualifying as a Business Method (BM) Invention in korea

As 'differentiated game systems in an online environment' become a core competitive advantage in the gaming industry, we frequently receive inquiries like, "Can this online game system be patented?" This interest stems from the expectation that if an online game system can be recognized as a patent, its scope and value could be substantial. Indeed, there are instances where online games and related services have received patent protection, with many being classified as Business Method (BM) inventions.

In this column, Pine IP Firm will explore patent applications for online games and the specific patentability requirements pertinent to BM inventions.

1. Why Are Online Game Patents Necessary?

• 1) Differentiated Competitive Edge and Market PreemptionOnline games involve a complex interplay of various technical elements, including large-scale server environments, real-time interpersonal interactions, data processing technologies, and billing systems. Unlike traditional offline games, technical features are emphasized in areas such as server/cloud infrastructure, network protocols, UI/UX design, and the provision of user-customized services. Obtaining patents based on such 'technical excellence' can be highly effective in securing a superior market position over competitors or deterring imitation by latecomers.
• 2) Strengthening Intellectual Property PortfolioWhile copyright (covering characters, stories, graphics, music, etc.) has traditionally been the primary focus of protection in the game industry, other forms of intellectual property like patents, trademarks, and trade secrets are now being actively utilized. Particularly for online games, specific algorithms, matching systems, server architecture designs, or unique billing methods (business models) that possess novelty and inventive step can be protected by patents. Such a robust patent portfolio significantly impacts the valuation of game companies.  

2. Characteristics of Online Games Classified as BM Inventions

A Business Method (BM) invention can be understood as an invention related primarily to a business idea or model. Traditionally, financial transaction systems, payment methods, and e-commerce platforms were typical examples. Similarly, the operational and billing models of online games often take the form of 'BM inventions' eligible for patent protection.  

However, online game technology is not solely composed of these BM aspects (like billing structures or operational methods); it incorporates a wide array of technical elements including software engineering, networking protocols, security measures, and database management. Game companies often develop proprietary technologies related to server-client communication algorithms, game data processing techniques, operational management systems, etc., and can seek patent protection for these technical inventions as well.  

3. Patent Requirements for BM Inventions and Key Considerations for Online Game Patent Applications

BM inventions are not subject to fundamentally different patentability requirements than other types of inventions. The invention must possess novelty and inventive step, and the application itself must meet formal requirements. However, how the 'business idea' aspect specific to BM inventions is combined with and described alongside tangible 'technical features' plays a critical role during the examination process.

• 1) Emphasis on Technical FeaturesMerely describing a 'new billing model' is likely to be deemed an abstract business idea, leading to a potential denial of patentability. The specific technical configuration—such as the server architecture, data processing flows, methods for linking user terminals, and the algorithms involved—must be clearly described, often presented in the form of a 'system and method.'
  • e.g., A method for accumulating and expiring in-game currency using a specific server-side algorithm.
  • e.g., The specific implementation method for a novel user matching algorithm.
  • e.g., A technical structure designed for preventing specific bugs or hacking attempts.
• 2) Prior Art Search for Ensuring NoveltyThe online game industry evolves rapidly with numerous similar models constantly emerging, making thorough prior art searches particularly crucial. If the proposed system is found to be similar to previously disclosed game systems or patents, novelty may be denied. Therefore, before filing, it is essential to broadly investigate competitor patents and publicly known game structures to clearly highlight the differentiating technical features of your invention.
• 3) Securing Inventive Step (Non-Obviousness)In the realm of online games, elements like 'billing methods' and 'user interfaces' have already been extensively explored. Therefore, compared to known methods, your invention must clearly present a 'technically advanced aspect' or a 'novel approach to solving a technical problem' to be considered non-obvious.
  • e.g., 'A server architecture combined with a specific load balancing method designed to resolve data traffic bottlenecks inherent in previous systems.'
  • e.g., 'An algorithm that dynamically adjusts billing parameters in real-time by linking them to specific gamer play behavior data, overcoming limitations of static models.'
• 4) Concretization and Clear Description of the InventionIn the examination of BM inventions, the focus is on how the 'specific implementation method' is described, rather than relying on 'general abstract concepts.' The patent claims must define the essential technical features of the invention comprehensively and unambiguously. Furthermore, the specification (description) should explain the operating principles of the game system in detail, utilizing implementation examples, drawings, flowcharts, etc., to help the examiner readily grasp the invention's technical merit and contribution.

4. Procedure and Strategy for Online Game Patent Applications

• Prior Art Search: Review competitor games and existing patents to check if similar technology has already been disclosed, filed, or registered.
• Drafting Specification and Claims: Write the application specifically and logically, focusing on concrete technical features to meet the patentability requirements for BM inventions.
• Filing Application: Submit the application online to the relevant patent office (e.g., KIPO in South Korea). Expedited examination options may be available.
• Responding to Office Actions: If a notice of reasons for rejection (Office Action) is received from the examiner, respond strategically by submitting amendments (claim modifications) and/or arguments addressing the examiner's points.  

• Registration and Rights Maintenance: Upon receiving a decision to grant the patent, pay the registration fee to obtain patent rights. Subsequently, maintain these rights through periodic renewal (annuity payments).  

• Consider International Application (PCT)Since online games often target a global audience, utilizing the PCT (Patent Cooperation Treaty) international application system is a sound strategy. This preserves the option of seeking patent protection in multiple countries based on your initial filing.  

• Timing of Patent Application During Game DevelopmentIt is advisable to prepare and file the patent application when core systems, algorithms, and implementation methods are finalized, preferably during the early to mid-stages of game development. Filing after an open beta or official service launch means the invention has been publicly disclosed, which can negatively impact the novelty assessment. Therefore, completing the patent filing before any public launch or disclosure is ideal.

5. Conclusion

To successfully secure patent protection for online games, particularly when aspects resemble business methods, one must move beyond presenting 'simple business ideas.' It is essential to logically present and clearly describe the tangible 'technical features' that operate within the online environment and how they achieve a specific technical effect or solve a technical problem.

While the fundamental patentability requirements (novelty, inventive step) remain the same for BM inventions, the 'specificity and technical nature of the configuration' is often scrutinized more closely during examination. Therefore, a meticulous strategy tailored to highlighting these technical aspects is necessary.

Properly protecting unique and competitive technical elements (related to networking, data processing, algorithms, security, UI implementation, etc.) that differ from existing game systems will significantly contribute to a game company's long-term competitive advantage and enhance its corporate value.

For any inquiries regarding patent applications for online game technology and BM inventions, please contact Pine IP Firm