New Poker Game Invention

[Guthrie]

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If some of the aspects of the game remain the same are the parts that compose the structure patentable?

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I don't think you can patent a card game. Who was the dumb Texan that invented Texas hold'em and over looked this? You could patent a game that required specific pieces or unique cards, no question. Processes are also patent-able, but I don't think this would count.

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Actually you can. There was an article in the LA Times a few years ago about the guy who invented Pai Gow or something similar when he was manager of a southern California card room. His lawyer told him that he couldn't patent the game, so he never tried. Years later, after the game became huge, he discovered that yes, he could have patented it. His heirs estimated the lost royalties at over $100 million.

I always thought this was odd since Pai Gow poker looks very similar to a game I played in Viet Nam years before this guy invented it.

I'm sure there's more to it than just sending in your patent application and cashing the royalty checks, but anyone who believes they've invented a new card game should definitely seek the advice of a patent attorney before showing it to anyone, especially anyone with the ability to put the game online worldwide.