InQuest 32 - 12 - X-Files CCG: Mention
IQ news
Garfield Granted CCG Patent
Don't you dare tap/bow/turn that card 90
degrees without getting permission from
Richard Garfield.
You read that right. The inventor of the col-
lectible card game (CCG) was recently granted
a patent on "tapping" and many of the game
mechanics he pioneered in the groundbreaking
Magic: The Gathering CCG.
Garfield filed way back in October of 1995,
when it became apparent that Magic would take
the world by storm. His application was granted
in early September of this year and Garfield is
now on record as the
holder of patent number
5662332. Couched in
much legal jargon,
Garfield's claims essentially
amount to these:
1. A method of playing
games that involves mak-
ing a deck out of many
available cards and play-
ing a game according to
set rules.
Garfield Granted CCG Patent
Don't you dare tap/bow/turn that card 90
degrees without getting permission from
Richard Garfield.
You read that right. The inventor of the col-
lectible card game (CCG) was recently granted
a patent on "tapping" and many of the game
mechanics he pioneered in the groundbreaking
Magic: The Gathering CCG.
Garfield filed way back in October of 1995,
when it became apparent that Magic would take
the world by storm. His application was granted
in early September of this year and Garfield is
now on record as the
holder of patent number
5662332. Couched in
much legal jargon,
Garfield's claims essentially
amount to these:
1. A method of playing
games that involves mak-
ing a deck out of many
available cards and play-
ing a game according to
set rules.
2. A method of playing
games that involves
assembling a "pool" of
cards by purchasing and trading with others. A
player then elects which cards from his "pool"
he chooses to play.
3. A method of playing card games, for which
the rules of play include instructions on how to
execute turns, the number of cards in a players
hand and library, and the objective of the game.
4. Rotating one or more cards on the play-
ing surface from an original orientation to a sec-
ond orientation (commonly called taping).
9. The method whereby said second orien-
tation is 90 degrees from the first orientation.
6. A method of play wherein the initial step of
executing a turn involves rotating previously des-
ignated cards from a prior turn from the second
orientation to the original orientation (untapping).
Many of these basic mechanics are shared by
the numerous (more than 70 at last count) CCGs
that came after Magic's phenomenal success.
games that involves
assembling a "pool" of
cards by purchasing and trading with others. A
player then elects which cards from his "pool"
he chooses to play.
3. A method of playing card games, for which
the rules of play include instructions on how to
execute turns, the number of cards in a players
hand and library, and the objective of the game.
4. Rotating one or more cards on the play-
ing surface from an original orientation to a sec-
ond orientation (commonly called taping).
9. The method whereby said second orien-
tation is 90 degrees from the first orientation.
6. A method of play wherein the initial step of
executing a turn involves rotating previously des-
ignated cards from a prior turn from the second
orientation to the original orientation (untapping).
Many of these basic mechanics are shared by
the numerous (more than 70 at last count) CCGs
that came after Magic's phenomenal success.
What does this patent mean for them? We
asked patent specialist Leslie Bertagnolli from
the law firm Baker & McKenzie:
"It is not unusual to pursue patent protection
on a game or method of playing a game," she
said. "Generally, an inventor will pursue patent
protection on a game when he believes that copy-
right protection has significant limitations." Patent
protection can be far more encompassing than
copyright and apply to
closely related versions of
a game independently
developed by others.
"On the day a patent
issues, the owner may take
legal action against anyone
who makes, uses or sells
the patented product or
process," Bertagnolli said.
After reviewing the
patent paperwork Bertag-
nolli concluded, "It is
important to note that
the invention is a method
of playing a game which
includes all of the steps recited in the claims. A sim-
ilar game which omits any of the steps of the
claim generally will not infringe this patent."
asked patent specialist Leslie Bertagnolli from
the law firm Baker & McKenzie:
"It is not unusual to pursue patent protection
on a game or method of playing a game," she
said. "Generally, an inventor will pursue patent
protection on a game when he believes that copy-
right protection has significant limitations." Patent
protection can be far more encompassing than
copyright and apply to
closely related versions of
a game independently
developed by others.
"On the day a patent
issues, the owner may take
legal action against anyone
who makes, uses or sells
the patented product or
process," Bertagnolli said.
After reviewing the
patent paperwork Bertag-
nolli concluded, "It is
important to note that
the invention is a method
of playing a game which
includes all of the steps recited in the claims. A sim-
ilar game which omits any of the steps of the
claim generally will not infringe this patent."
The news has shaken up parts of the CCG
industry. According to Mike Campbell in prod-
uct development at Harper/Prism, "Aliens/Preda-
tor is postponed indefinitely and Imajica has
stopped shipping until our lawyers review this."
USPC cancelled its X-Files CCG within weeks
of the patent being granted, though the com-
pany wouldn't specify exact reasons for the
abrupt termination.
As this article went to press, WotC had not
released an official statement on what actions
it plans to take, if any, against other CCG man-
ufacturers. Tom Slizewski
