Build, License, and Litigate - A Game of Patent Strategy

Abstract

A patent strategy game includes a plurality of industrial sector spaces defined by one or more technology sector spaces comprising one or two industrial sector spaces. A plurality of product markers are placed on technology spaces during play of the game. Intellectual property markers obtained on predetermined conditions are placed on the technology spaces to create intellectual property rights on the technology spaces. A resolution mechanism is provided for resolving intellectual property right disputes between players arising from a movement of product markers into a technology space having intellectual property rights of another player. The player at the end of the game whose market value from all product markers and intellectual property markers on the game board is the greatest is the winner of the game.

Description

COPYRIGHT NOTICE

A portion of the disclosure of this patent document contains material which is subject to (copyright or mask work) protection. The (copyright or mask work) owner has no objection to the facsimile reproduction by anyone of the patent document or the patent disclosure, as it appears in the Patent and Trademark Office patent file or records, but otherwise reserves all (copyright or mask work) rights whatsoever.

TECHNICAL FIELD

The present disclosure is directed to a game of patents in which patents are bought, licensed and/or litigated to create profitable businesses. More specifically, patents are used by the players to build one or more technologies into a business. The player with the most profitable business at the end of the game is the winner.

BACKGROUND

In the Twelfth Century Dark Ages, science was a black art of sorcerers. It was not until the Leonardo Da Vinci and Sir Isaac Newton's of the world that this black art was unlocked for everyone to know, use, and appreciate. The Art of Intellectual Property—Patent, Copyright, Trademark, and Trade Secret Essentials for Professionals, Paul R. Juhasz, Presented at the 2006 Conference on Legal Issues for Design Professionals, Jun. 22, 2006, Houston, Tex.

Intellectual Property is the black art of the Twenty-First Century Information Age. Extensively practiced by patent attorneys and those few who have been educated in the art, few lay people know much about Intellectual Property, how to use it, or, for that matter, appreciate what it can do for a business. See The Art of Intellectual Property.

This disclosure provides a game of strategy where intellectual property is used to build imaginary businesses. In addition to countless hours of challenging enjoyable play, the game enables players to learn more about intellectual property and how intellectual property issues can affect a business.

Unless otherwise indicated herein, the materials described in this section are not prior art to the claims in this application and are not admitted to be prior art by inclusion in this section.

SUMMARY

Various embodiments provide a board game for play by two or more players. The board game includes industrial sector spaces defined by one or more technology sector spaces including one or more technology spaces defining a world economy. Numerous market gateways provide links between at least two industrial sector spaces. Product markers may be placed on technology spaces during play of the board game, and intellectual property markers may be used to represent various forms of intellectual property. The board game also includes a resolution mechanism.

Each player is provided with a predetermined number of product markers at the start of the game for placement on one or more of the one or more technology spaces on the board game to define a starting market position for the each of the two or more players. Each player is also provided with a predetermined number of additional product markers at the start of a turn for placement on either one or more of the one or more existing technology spaces on the board game on which there are one or more product pieces of a player to grow an existing market position existing on the one or more technology spaces at the start of the turn or to place on one or more new technology spaces to define a new market position.

The placement of the predetermined number of additional product markers at the start of a turn on the one or more new technology spaces during a turn may be limited to one or more new technology spaces that directly or by a market gateway adjoin the one or more existing technology spaces at the start of the turn.

Each player obtains intellectual property markers during the game on predetermined conditions for placement on the one or more existing technology spaces for creating intellectual property rights on the one or more technology spaces. Resolution of a dispute regarding an intellectual property right between the players arising from a movement of product markers of one player into a technology space of another player having intellectual property rights in that technology space includes a resolution mechanism.

The player at the end of the game whose market value from all product markers and intellectual property markers on the game board is the greatest is the winner of the game.

The foregoing summary is illustrative only and is not intended to be in any way limiting. In addition to the illustrative aspects, embodiments, and features described above, further aspects, embodiments, and features will become apparent by reference to the drawings and the following detailed description.

BRIEF DESCRIPTION OF THE DRAWINGS

FIG. 1 shows a game board according to an example embodiment.

FIG. 2 shows IP asset tracking card according to an example embodiment.

FIG. 3 shows an example of a filled-in IP asset tracking card according to an example embodiment.

DETAILED DESCRIPTION

In the following detailed description, reference is made to the accompanying drawings, which form a part hereof. In the drawings, similar symbols typically identify similar components, unless context dictates otherwise. The illustrative embodiments described in the detailed description, drawings, and claims are not meant to be limiting. Other embodiments may be utilized, and other changes may be made, without departing from the spirit or scope of the subject matter presented herein. It will be readily understood that the aspects of the present disclosure, as generally described herein, and illustrated in the figures, can be arranged, substituted, combined, separated, and designed in a wide variety of different configurations, all of which are explicitly contemplated herein.

© Paul R. Juhasz and Chris J. Frerking

A game for play by two or more players includes a plurality of industrial sector spaces defined by one or more technology sector spaces comprising one or more technology spaces defining a world economy; a plurality of market gateways, each market gateway providing a link between at least two industrial sector spaces; a plurality of product markers for placement on one or more of the one or more technology spaces during play of the board game; a plurality of intellectual property markers, each intellectual property marker representing a form of intellectual property; and a resolution mechanism. Each player is provided with a predetermined number of product markers at the start of the game for placement on one or more of the one or more technology spaces on the board game to define a starting market position for the each of the two or more players. Each player is provided with a predetermined number of additional product markers at the start of a turn for placement on either one or more of the one or more existing technology spaces on the board game on which there are one or more product pieces of a player to grow an existing market position existing on the one or more technology spaces at the start of the turn or to place on one or more new technology spaces to define a new market position. The placement of the predetermined number of additional product markers at the start of a turn on the one or more new technology spaces during a turn is limited to one or more new technology spaces that directly or by a market gateway adjoin the one or more existing technology spaces at the start of the turn. Each player obtains intellectual property markers during the game on predetermined conditions for placement on the one or more existing technology spaces for creating intellectual property rights on the one or more technology spaces. Resolution of a dispute regarding an intellectual property right between the players arising from a movement of product markers of one player into a technology space of another player having intellectual property rights in that technology space includes a resolution mechanism. The player at the end of the game whose market value from all product markers and intellectual property markers on the game board is the greatest is the winner of the game.

A method for a game of patents includes the steps of defining one or more technology sector spaces comprising one or more technology spaces defining a world economy; defining a plurality of market gateways, each market gateway providing a link between at least two industrial sector spaces; placing one or more product markers on one or more of the one or more technology spaces on which there are no product pieces of a player during play of the board game to create an existing market position; placing one or more product markers on one or more of the one or more technology spaces that directly or by a market gateway adjoin the one or more existing technology spaces at the start of the turn to create a new market; securing one or more intellectual property on a technology space on which a player has a predetermined number of product markers; creating a dispute by movement of one or more product markers into a technology space on a which patent is held by another player; resolving the dispute with the patent holder by predetermined rules. Each player obtains intellectual property markers during the game on predetermined conditions for placement on the one or more existing technology spaces for creating intellectual property rights on the one or more technology spaces. Resolution of a dispute regarding an intellectual property right between the players arising from a movement of product markers of one player into a technology space of another player having intellectual property rights in that technology space includes a resolution mechanism. The player at the end of the game whose market value from all product markers and intellectual property markers on the game board is the greatest is the winner of the game.

Having thus introduced the background for this disclosure, we now turn to additional features that are provided by this disclosure.

© Paul R. Juhasz and Chris J. Frerking

Pieces. Game board; product markers; patent markers; trademark markers; license markers; IP Asset Tracking scorecard.

World Economy, Industrial Sectors, and Technology Spaces. As shown in FIG. 1, a game board represents the world economy and is broken down into 8 Industrial Sectors which are identified by letters A-H on the game board. Each Industrial Sector is made up of one or more Technology Sectors, with each Technology Sector shown in a different color. Within each color group of Technology Sector there are one or more Technology Spaces. For example, Industrial Sector B has a single Technology Sector shown in green which is made up of two Technology Spaces of “Chemicals” and “Materials” which are both shown in green. On the other hand, Industrial Sector C has two Technology Sectors shown in red and yellow, each of which is made up of three Technology Spaces. For example, the yellow Technology Sector of Industrial Sector C is made up of the three Technology Spaces of “Medical Services”, “Medical Devices”, and “Medical”.

The following is an illustrative table of one illustrative rendition of the patent game of this disclosure showing 30 technology spaces. The number of industrial sectors, technology sectors, and technology spaces, as well as their selection and grouping is a matter of design choice.

Industrial Sector	Technology Sector	Technology Space
A	Green	Auto & Transportation
	Green	Construction
	Green	Hardware
	Gray	Utilities
	Gray	Energy
B	Yellow Green	Chemicals
	Yellow Green	Materials
C	Yellow	Medical
	Yellow	Medical Devices
	Yellow	Medical Services
	Red	Pharmaceutical
	Red	Biotech
	Red	Nutrition
D	Teal	Finance
	Teal	Insurance
	Teal	Banking
E	Brown Red	Semiconductors
	Brown Red	Software
	Brown Red	Electrical Consumer Products
	Brown Red	Internet
	Pink	Gaming
	Pink	Entertainment
F	Orange Yellow	Smart Phone
	Orange Yellow	Service Provider
	Orange Yellow	Network
G	Green Blue	Restaurant & Hotel
		Arts, Travel, Leisure
		Food & Beverage
H	Purple	Apparel & Fashion
	Purple	Cosmetic & Beauty

Determining which Industrial Sector, Technology Sector, and Technology Space a player chooses to build his business defines the range of opportunities a player has to grow and expand his business. The player whose combined businesses have the highest valuation at the end of the game is the winner.

Getting Started. Each player is tasked with developing businesses on one or more Technology Spaces or technology spaces on the world economy game board. A business is represented by product markers. Each player is given 3 product markers at the start of the game to use to start his business. A player builds his businesses by placing his markers on one or more technology Spaces). Players take turns placing each one of their starting product markers on any one or more technology spaces until all 3 product markers have been placed on the world economy board.

RULE 1: Players take turns placing each of the three starting product markers onto a different Technology Space. A player must place each of his three starting product markers onto a different technology space. Where a player places his product markers will define the starting business market for each player; in other words, the starting Technology Space of the business of the player. It also defines which business markets a player may grow or expand into during the course of the game (i.e., which Technology Spaces a player may grow or expand into during the course of the game).

Growing and Expanding Your Market and Business. A player may grow his business (e.g., business markets) in one of two ways. He may increase his market share in any one technology space on which he has a product marker by adding additional product markers to that technology space during the course of the game. He may also expand into other markets by adding one or more product markers to new technology spaces during the course of the game; in other words, expand into new Technology Spaces during the course of the game. Product markers added to a Technology Space may come from product markers issued to the player at the start of his turn based upon his business value as described later below. The product markers may also come from product markers that are already on one or more Technology Spaces on the world economy game board at the start of a turn that the player may move into other Technology Spaces during his turn.

There are nine fundamental rules governing what technology spaces a player may move existing or place new product markers in any given turn.

RULE 2: A player may only move existing product markers from or place new product markers onto Technology Spaces that are either adjoining a technology space held by the player or that are connected to that technology space by a market gateway. A market gateway is the link that appears on the world economy game board between Industrial Sectors.

RULE 3: A player may only move existing product markers from or place new product markers onto Technology Spaces that are either adjoining a technology space held by the player or that are connected by a market gateway to that technology space markers at the start of a turn. For example, a player having a product on the Technology Space “Insurance” (which is part of Industrial Sector 5 on the world economy game board) at the start of his turn may move existing product markers from the “Insurance” technology space or place new product markers onto either the “Finance” or “Banking” Technology Spaces since these technology spaces adjoin the “Insurance” technology space. A player may also move existing markers from the “Insurance” technology space or place new product markers onto the “Restaurant Hotel” technology space (which is part of Industrial Sector G) due to the market gateway that exists between the “Insurance” and “Restaurant Hotel” technology spaces.

RULE 4: Product markers of different players may be placed on the same technology space. However, a player may only move existing product markers into a technology space occupied by another player if he has more product markers on any one or more adjacent or connecting technology spaces than the number of existing product markers held by the other player on the technology space to be occupied. For example, a player having one existing product piece on the Technology Space “Insurance” and one existing product piece on the Technology Space “Cellphone” at the start of his turn may not move into the Technology Space “Banking” if the other player has two or more existing product markers on the “Banking” technology space. Even though both Technology Spaces “Insurance” and Cellphone” adjoin the “Banking” Technology Space, the number of pieces on both Technology Spaces amounts to two which is not more than the two pieces on the Cellphone Technology Space.

Rule 5: A player may add new product markers received at the start of his turn to any one or more of his technology spaces adjoining the technology space of another in order to satisfy the “more than” requirement of Rule 4. For example, if the player collects seven or more new product markers at the start of his turn, he may place the seven new product markers down onto either the “Insurance” technology space or the “Cellphone” technology space during his turn after which he may move any number of those existing product markers from that technology space into the “Banking” technology space during that turn.

RULE 6: A player can use a technology space to attack only one technology space occupied by another player in any turn. A player may not use the same technology space to attack two or more different new technology spaces of any other player in any one turn. For example, a player with existing product markers on the “Cellphone” technology space may attack only one of the “Banking”, “Electrical Consumer Products”, “Service Provider” or “Arts, Travel, Leisure” technology spaces in any one turn even though the “Cellphone” technology space borders on all four technology spaces.

RULE 7: A player may move into the same technology space of another player from two different technology spaces held by the player in any turn. For example, a player having existing markers on or placing new markers on the “Banking” and “Electrical Consumer Product” technology spaces may use both to attack the “Cell Phone” technology space occupied by the other player during the same turn.

RULE 8: A player must pay one product piece as a toll in order to use the market gateway to move existing product markers or place new product markers from a technology space into a technology space located on the other side of the market gateway. This underscores the importance of strategic selection of technology spaces to start and grow your business. The adjacent technology space and market gateway rules define the opportunities a player may have to grow his business.

Rule 9: Players may place and continue to place one or more product markers on any one technology space subject to the Rules for their placement until such time as any one player obtains a patent on the technology space. The process for obtaining a patent and how to move a piece into a space in which a patent is held by another is described below.

Number of New Product Markers Given a Player Each Turn.

The number of new markers to be awarded to a player at the start of a turn is as follows:

• • One new product piece at the start of each turn that a player may place onto the world economy game board during his turn. In addition, a player may be awarded additional product markers to place onto the world economy game board based upon a predetermined set of rules.
  • A specified number of pieces for holding all Technology Spaces of the same color of a Technology Sector. For an Industrial Sector designated on the Game Board by a Capitalized Letter that has only one Technology Sector, the number of pieces for holding all Technology Spaces of that Technology Sector is the number appearing after the Capitalized Letter of that Industrial Sector. For example, for Industrial Sectors B, D, F, G, and H, each of which consists of a single Technology Sector, the specified number of pieces awarded a player at the start of each turn is 1, 2.5, 1.5, 1.5, and 1, respectively. The number of pieces a player receives is determined by adding together the number of pieces for all industrial sectors owned by a player and rounding down to the nearest integer. For each Industrial Sector designated on the Game Board that consists of two Technology Sectors, the number of pieces for holding all Technology Spaces of any one Technology Sector in that Industrial Sector is the second and third numbers appearing after the Capitalized Letter of that Industrial Sector; with the second number representing the Technology Sector with the larger number of Technology Spaces. For example, the second and third number of the number sequence 3 2 1 of Industrial Sector E is 2 and 1 with 2 pieces awarded to the larger Red Technology Sector and 1 to the smaller pink Technology Sector. For Industrial Sector C with a number sequence 2.5, 1, 1; 1 piece would be awarded to each of the Red and Yellow Technology Spaces which have the same number of Technology Spaces each. For Industrial Sector A with a number sequence 2, 1, 1; 1 piece would be awarded to each of the Green and White Technology Spaces even though Green has more Technology Spaces on accounting of a greater weighting given the white Technology Spaces. As with calculation of the number of pieces for Industrial Sectors owned, the number of pieces a player receives is determined by adding together the number of pieces for all technology sectors owned by a player and rounding down to the nearest integer.
  • A specified number of pieces for holding both Technology Sectors of an Industrial Sector consisting of two Technology Sectors. For each Industrial Sector designated on the Game Board that consists of two Technology Sectors, the number of pieces for holding both Technology Spaces of any one Industrial Sector is the first number appearing after the Capitalized Letter of that Industrial Sector. For Industrial Sectors A, C, and E, this number and hence the additional pieces awarded are 2, 2.5, and 3, respectively.
  • 1 Product Marker—For each patent
  • ½ Product Marker—For each trademark. Awarded as 1 product marker every second turn or 1 product marker every turn for every two trademark pieces on the Gameboard held by a player
  • ⅓^rd Product Marker—For each copyright. Awarded as 1 product marker every third turn or 1 product marker every turn for every three copyright pieces on the Gameboard held by a player.
  • 1 Product Marker—For each product marker of another player licensed under your patent
  • 1 Product Marker—For every 5 products a player has on any one Technology Space.

Patents. Product markers may be used to obtain one or more patents on any one technology space. The cost of a patent is 5 product markers. A player seeking a patent must have at least 5 product markers on a Technology Space on which a patent is desired in order to obtain a patent on that technology space. The player may exchange those 5 product markers for a patent on that technology space. The patent is represented by a patent marker which the patent holder places on the technology space to indicate his ownership of the patent in that technology space. A patent serves to block products of other players from being placed onto the technology space in future turns. Products that are on the technology space at the time the patent is granted are immunized for three turns of the player since they are prior art to the patent. After three turns of the player, the technology of the product is deemed to have changed after which the patent holder may assert the patent against the products as described below. The patent does not remove any copyright or trademark markers of another player from the patented technology space. These markers thus provide continuing income from a patented technology space of another as discussed below.

The removal of any trademark marker from a technology space occurs only by a successful cancellation of the trademark or when the trademark holder has no product piece existing on the technology space of the trademark. Further, each patent entitles the holder to one additional product marker every turn as previously indicated. In addition, the patent may be licensed as described below to allow other players to introduce new product markers on the patented technology space for a license fee as so discussed below.

Opposition of Patents. Any patent obtained by a player on a technology space may be opposed by any one or more players in an opposition proceeding in the turn in which the patent is granted. The cost of an opposition is one product piece which a player must pay to the government body to oppose the patent. The payment is reflected by a removal (e.g., forfeiting of) one product piece from the world economy game board. The opposition proceeds with each player opposing the patent rolling one dice against the player obtaining the patent. If any one opposing player rolls a number that is higher than the number rolled by the player obtaining the patent (the “+1 Rule”), the patent is successfully opposed and the patent is removed from the game. If the patent holder survives the opposition, the status of the patent changes to a strong patent, which means that any attempt to invalidate the patent as described below requires a roll of the dice that is one higher than the roll required in a normal opposition. In other words, a patent that has successfully withstood an opposition requires a player seeking to invalidate that patent to roll +2 higher than the patent holder to prevail (hereinafter the +2 higher rule).

Product Markers for Trademarks, Copyrights. Product markers may be used to obtain one or more trademarks and/or copyrights on any one technology space. The cost of a trademark piece is 3 product markers and the cost of a copyright piece is 2 product markers. A player seeking a trademark or copyright must have at least 3 or 2 product markers, respectively, on a Technology Space on which a trademark or copyright is desired in order to obtain a trademark or copyright on that technology space. The player may exchange those product markers for a trademark or copyright on that technology space provided that there remains at least one product on the Technology Space to support the trademark. If any space having a trademark no longer has any product on that Technology Space, the player loses his trademark on that Technology Space. The trademark or copyright is represented by a trademark or copyright piece which the holder places on the technology space to indicate his ownership of the trademark or copyright in that technology space. The trademark also means that a player that seeks to enter the technology space covered by the trademark must pay the trademark holder one product piece in order to enter that technology space.

The copyright also entitles the holder to a safe passage through a Technology Space should another player obtain a patent. In other words, if a player has a copyright on a technology space on which another patent has a patent, the player may use that copyright as a gateway to reach technology spaces on the other side of the patented technology space; provided the player pays the one product piece that is required for a player to pass through a gateway according to Rule 8. Each trademark entitles the holder to one additional product marker every two turns and every copyright entitles the holder to one additional product marker every three turns. Tracking of the trademark and copyright assets and the turns is done using the IP Asset Tracking Card described later.

Opposition of Trademarks. Any trademark obtained by a player on a technology space may be opposed by any one or more players in an opposition proceeding in the turn in which the trademark is granted. The cost of an opposition, the award to the trademark owner on surviving an opposition, and the procedure for playing an opposition of a trademark is the same as the procedure for opposing a patent.

Resolution Mechanism

Movement of product pieces by one player onto a Technology Space having one or more patents, trademarks, or copyrights creates accountability to the holder of the patents, trademarks, or copyrights that may be settled by a resolution mechanism. Resolution mechanisms may include licensing, litigation, and oppositions. These and other resolution mechanisms are described below.

Licensing

In a resolution mechanism of licensing, a player may negotiate a license with another party during his turn. The license may be triggered because a player wants to move pieces into a technology space held by a patent holder. The license may also be negotiated for strategic reasons such as to gain a new market for a product or for revenue sharing. The negotiation of a license is referred to as a License Play.

A License Play allows the players to agree to terms such as allowing a player to move pieces onto a space that is patented or to otherwise agree to whatever they want to do. But a principle purpose is allowing a player to move product pieces onto the Technology Space on which another player has a patent. A player may give up any right in negotiating a license. There are no restrictions on players disposing of their property such as product markers, copyrights, patents, in whatever way they choose. A player may sell another player a patent, copyright, or trademark with supporting product pieces. A player may sell each other Technology Spaces. A player may dedicate a patent to the public if paid to do so. The players can cut deals to put a license in place. As more players play the game, these kinds of deals may become a bigger part of the game.

The license may take any form. A cross-license could allow a first patent holder to put one or more product pieces onto a patented technology space held by a second player in exchange for allowing the second player to put one or more product pieces onto a patent technology space held by the first patent holder. Another license could allow a first player to put one or more product pieces onto a patented technology space held by a second player in exchange for the first player paying a portion of income that one or more product pieces on a patented technology space of the first player brings to the first player.

There are no limits to the number and types of licenses that a player may negotiate in any one turn.

Patent Infringement Litigation Play. In the event a player seeks to move a product marker into a technology space on which there is a patent and the patent holder refuses to grant a license (see License Play above), the player may elect to litigate the patent to secure the right to place product markers on the technology space (the “Declaratory Judgment of Noninfringement Litigation Play” or “Noninfringement Litigation Play”) or may move product markers on the technology space and force the patent holder to litigate the patent against the moving player (the “Infringement Litigation play.”)

Declaratory Judgment of Noninfringement Litigation Play

The player must satisfy the Rules 4 and 5 product marker requirement to be able to do the Noninfringement Litigation Play. The player choosing to litigate against the patent must pay five pieces (or some other predetermined number) for the right to play the patent Noninfringement Litigation Play, identify how many product markers he wants to move into the technology space during his current turn and roll against the patent holder. The patent holder player must pay one piece for the right to play the Noninfringement Litigation Play and roll a number that is at least one higher than the number rolled by the litigating player to win the patent litigation.

Any play in which the one party must roll a number that is “one” higher than the number rolled by the other party is known as the +1 Rule“.

If the patent holder rolls a higher number, the litigating player loses the litigation and pays the price of the loss. The price of the loss is forfeiting all the product markers that the player sought to bring into the technology space through the litigation during his current turn. Alternatively, the patent holder may elect to allow the product pieces of the litigating player to remain in exchange for damages which may be determined by a Damages Play as described later. If the litigating player rolls the same or higher number, the patent holder keeps the patent but the litigating player moves into the formerly patented Technology Space only the number of products that the player sought to bring into the Technology Space through the litigation in this turn. But the litigating player may also engage in other product movements elsewhere on the game board during this turn.

Regardless of the outcome, the patent remains on the Technology Space as a block to future product markers of any other player. It is also possible for the litigating player to secure a patent on that Technology Space through the litigation. For example, it is possible for the litigating player to secure a patent on the Technology Space if the litigating player moves or amasses through multiple litigations more than 5 product pieces on the Technology Space for securing a patent as described above. Alternatively, once the litigating player has product pieces on the Technology Space having a patent of the other player, the litigating player could use those product pieces to obtain trademarks and/or copyrights on that Technology Space. For example, a copyright could be used to secure safe passage through the space. See Copyright Play. Either trademark or copyright could be used to secure a longer presence on the Technology Space. Note that if two players hold a patent on the same Technology Space neither player may move more pieces into that Technology Space without a License or Litigation Play.

The Noninfringement Litigation Play +1 Rule reflects the burden on the patent holder to prove infringement of a patent by a preponderance of the evidence.

Infringement Litigation Play

On the Technology Space of the Patent

If the player chooses to move product pieces onto a Technology Space having a patent of another player without a Noninfringement Litigation Play, the player forces the patent holder to either play the Infringement Litigation Play or not litigate thereby allowing the moved product pieces of the player to remain on the Technology Space of the patent holder.

To force the patent holder to decide to do an Infringement Play, the player must satisfy the Rules 4 and 5 product marker requirement. The moving player must forfeit one piece for each piece that the moving player moves into the technology space on which there is a patent.

The patent holder must then decide whether or not to litigate against the moving player. The patent holder player must pay one piece for the right to play the Infringement Litigation Play and the moving party must pay one piece for the right to defend the Infringement Litigation Play. The patent holder must satisfy the +1 Rule, that is, the patent holder must roll a number that is at least one higher than the number rolled by the moving player to win the patent litigation.

If the patent holder rolls a higher number, the moving player loses the litigation and pays the price of the loss. The price of the loss is forfeiting all the product markers that the player has moved into the Technology Space through the litigation during his current turn. Alternatively, the patent holder may elect to allow the product pieces of the litigating player to remain on his Technology Space in exchange for damages which may be determined by the Damages Play as described later.

If the litigating player rolls the same or higher number, the patent holder keeps the patent and the litigating player keeps the number of products that the player moved into the Technology Space that lead to the litigation. The litigating player may also engage in other product movements elsewhere on the game board during this turn.

As in the Nonfringement Litigation Play, regardless of the outcome, the patent remains on the Technology Space as a block to future product markers of any other player. See discussion under Declaratory Judgment Nonfringement Litigation Play for further explanation. The Infringement Litigation Play +1 Rule reflects the burden on the patent holder to prove infringement of a patent by a preponderance of the evidence.

Industrial Sector Infringement Litigation Play

The patent holder in an Industrial Sector may also litigate against any player having one or more products on an adjacent Technology Space to the Technology Space where a patent is held but only adjacent Technology Spaces in that Industrial Sector and not against a player having products on a Technology Space that is across a market gateway from the Technology Space of the patent holder, that is, on a Technology Space in another Industrial Sector. This is so because adjacent technology spaces are sufficiently related enough to the technology space of the patent holder to allow for broad patents of the patent holder to be asserted against products in a related technology space; but technology spaces across the market gateway from the technology space of the patent holder are not sufficiently related to allow for this litigation. The rules for the patent holder to assert the patent against a player having pieces on an adjoining technology space requires that the patent holder risk one product piece for each product piece on an adjoining Technology Space charged with infringement for the right to play the Industrial Sector Infringement Litigation Play against those product pieces. To prevail, the patent holder must roll a number that is “two” higher than the number rolled by the other player. Any play in which the one party must roll a number that is “two” higher than the number rolled by the other party is known as the “+2 Rule”.

If the patent holder rolls a number that is two higher than the number rolled by the other player, the other player loses the litigation and pays the price of the loss. The price of the loss is forfeiting all the product markers that have been charged with infringing in the Industrial Sector Infringement Litigation Play. If the litigating player rolls a number that is one less or higher, the patent holder keeps the patent but forfeits the number of products that the patent holder put at risk in order to bring this litigation. The patent holder may also engage in other product movements elsewhere on the game board during this turn.

The Industrial Sector Infringement Litigation Play +2 Rule reflects the additional difficulty of proving infringement of a product by a litigating player that is not in a closely related technology (i.e. has no product pieces on the Technology Space of the patent but only a Technology Space related to the patent) and therefore is less likely to have features of the patent.

A player holding a patent in a Technology Space of an Industrial Segment may use the Industrial Sector Infringement Litigation Play to exclude products of other players in that Industrial Sector.

Patent Invalidating Litigation Play. The Patent Invalidating Litigation Play may be used by a player to remove a patent of another player anywhere on the game board. One of two rules apply depending upon whether or not the player satisfies the Rules 4 and 5 product marker requirements or has product pieces in the Technology Space having a patent of another player. In both cases, the player must risk five product pieces (or some other predetermined number) for the right to play the Patent Invalidating Litigation Play. If the player satisfies the Rules 4 and 5 product marker requirements and risks the five product pieces, a player may remove a patent of another player that is adjacent to or connected by market gateway to a technology space held by the player on satisfying the +2 Rule to prevail.

If the player has product pieces in a Technology Space having a patent held by another player and risks the five product pieces, a player may remove the patent of the another player on satisfying the +2 Rule.

If a player does not satisfy the Rules 4 and 5 product marker requirement and risks the five product pieces, the player may still play an invalidating patent litigation play against patents in such non-adjoining or gateway connected Technology Spaces but must satisfy a +3 Rule to prevail in that case. A +3 Rule also applies if a litigating player is seeking to invalidate a patent that has survived an opposition. See patent opposition play above.

The Patent Invalidating Litigation Play +2 rule means that the litigating player must roll a number that is 2 numbers higher than the number rolled by the patent holder in order to win the patent litigation; unless the +3 Rule applies in which case the litigating must roll a number that 3 times higher than the number rolled by the patent holder. For example, if the patent holder rolls a “1”, under the +2 Rule, the litigating player must roll a number “3” or higher. As another example, if the patent holder rolls a “4”, the litigating player must roll a “5” or higher to prevail. The patent holder wins if he rolls a “5” or a “6”.

If the litigating player rolls a number that is 2 numbers higher than the number rolled by the patent holder, the patent holder loses the patent and the litigating player keeps the five product pieces he risked to play the Patent Invalidating Litigation Play. If the litigating player fails to roll a number that is 2 numbers higher than the number rolled by the patent holder, the litigating player loses the litigation and pays the price of the loss. The price of the loss is forfeiting the five product markers that he risked to play Patent Invalidating Litigation Play.

The +3 Rule is like the +2 Rule except that the litigating player must roll a number that is 3 higher than the number rolled by the patent holder. For example, if the patent holder rolls a “2,” the litigating player would need to roll a “5” or “6” to prevail. If the patent holder rolls a “4” or higher, the patent holder will prevail regardless of the roll of the litigating player since there is no way the litigating player can satisfy the +3 Rule in this case.

The Patent Invalidating Litigation Play +2 Rule reflects the clear and convincing burden of proof required for a litigating player to invalidate an issued patent. The +3 Rule reflects the additional difficulty of invalidating an issued patent by a litigating player that is not in a related technology (i.e., has no product pieces in the Technology Space or on an adjoining or market gateway connected Technology Space) and therefore is less likely to know invalidating prior art. Alternatively, the +3 Rule reflects the additional difficulty of invalidating an issued patent that has survived a patent opposition.

Order of Patent Litigation

If in any turn in which there is both a Noninfringement Litigation Play, Infringement Litigation Play, or Industrial Sector Infringement Litigation Play and a Patent Invalidating Litigation Play, the Patent Invalidating Litigation Play goes first in the litigation contest. If the patent is invalidated, the Patent any infringement litigation play is no longer needed since an invalidated patent cannot be infringed.

A turn may involve both infringement and invalidity issues where opposing parties interject both issues into a play. For instance, a party seeking to move product pieces into a Technology Space having a patent held may either play the Noninfringement Litigation Play or move his pieces into the Technology Space and force the patent holder to play the Infringement Litigation Play. If the player does the latter and the patent holder plays the Infringement Litigation Play the moving player may then elect to play the Patent Invalidating Litigation Play which would be the first play in the order of play.

As another example, a player whose product pieces have been charged with infringement by a patent holder who has elected to play the Industrial Sector Infringement Litigation Play and assert his patent onto products against the player in an adjoining Technology Space of the Industrial Sector of his patent may respond by playing the Patent Invalidating Litigation Play which would be the first play in the order of play

Trademark, Copyright Infringement Litigation Play.

The play is the same as with Patent Infringement Litigation Play except that the price of the loss is limited to forfeiting 3 or 2 (or some other predetermined number) product markers, respectively, instead of all the product pieces that have been or are sought to be brought into a Technology Space as is the case with the Noninfringement Litigation Play, Infringement Litigation Play, or Industrial Sector Infringement Litigation Play.

Trademark, Copyright Cancellation Litigation Play

The play is the same as with Patent Invalidation Litigation Play with successful cancellation removing the trademark or copyright from the game.

Scorecarding

An IP Asset Tracking Card (FIG. 2) is provided to each player to keep track of patent, trademark, copyright, and license assets. Players may update their IP Asset Tracking Scorecard throughout the play of game.

The IP Tracking Scorecard shows each Technology Space along each edge illustratively in the order they appear on the game board except for the Technology Spaces of “Finance”, “Insurance”, and “Banking” which appear in the middle. (The excepted grouping may also appear along one side of the scorecard in the event the player prefers tracking the different assets using clips associated with the different IP assets.)

A pen may be used to insert and change information on the scorecard as the IP assets change over the course of the game. For example, a player may indicate on the scorecard the existence of a patent, trademark, copyright, and license assets as these assets are added to or removed from the business of the player. The scorecard may also be used to track the number of turns for use in determining when a trademark or a copyright triggers the award of an additional product marker (e.g., 2 turns for a trademark and 3 for a copyright). For example, if a player has a copyright on the “Medical” Technology Space, a player may indicate next to this space on the scorecard the letter “0” indicating a turn in which he received a product marker for his copyright. The player may then indicate the letter “X” during each of his next two turns to indicate that no product marker is due for the copyright during those turns. On the very next turn, after two “X's” have been indicated on the scorecard, the player knows that he is entitled to another product marker. The player can scratch out the previous “X's” and “O's” and start tracking his turns for the next award of a product marker for his copyright. The same goes for an award of a product marker for a trademark except that the award is made every other turn. The player may also note other developments such as negotiated license arrangements or if a patent was granted after an opposition which makes it harder for the patent to be invalidated as previously discussed.

A license that has been negotiated for a specified number of turns may also be tracked in this way. An IP Asset Tracking Card (FIG. 3) shown marked-up depicts one illustrative way for scorecarding the game. Above the “Utilities” Technology Space is shown markings the following markings which mean the following:

P1 L1 X3 Patent 1: Player 1 licensed: 3
         royalty pieces per turn
P2 L2 X2 Patent 2: Player 2 licensed: 3
         royalty pieces per turn
T1 L1 X3 Trademark 1: Player 1
         licensed: 3 royalty pieces per
         turn
C1       Copyright: [no player licensed]
T1  OX   Trademark 1:   X = 4th turn;
         1 product piece collected 3rd
         turn
C1  O    Copyright 1:   O = 4th turn;
         1 product piece collected this
         turn

When a scorecard has become cluttered, the player may transcribe information from the scorecard to a new scorecard and continue tracking his IP assets using the new scorecard.

Progression of Play and Growth of Business. Each turn, a player receives new product markers in an amount as described above. The player may use the awarded product markers to increase market share or presence in an existing market or to expand into new markets in according to the rules for moving existing and placing new product markers on technology spaces.

Players may update their IP Asset Tracking Scorecard throughout the play of game.

Determining the Winner.

Except as to players who are no longer able to continue to play because they no longer have product pieces, play continues for 20 rounds of play or for some other number of rounds of play as determined by the players prior to or during the game.

Players that retire before completion of the game are ranked based upon order of retirement. As to players that complete the game, the ranking of the players is as follows.

At the end of the game, each player still in the game counts the number of product markers, patent markers, trademark markers, copyright markers, and license markers for each Technology Space and notes that number on the scorecard.

If the player has product and/or license markers in all Technology Spaces of all Technology Sectors of an Industrial Sector, the player multiplies the product and/or license markers in that Industrial Sector with the value of that Industrial Sector indicated on the scorecard to determine the market value of that business (for example “times 3” for Industrial Segment E). This reflects the greater value of products and/or licenses when held in all Technology Spaces of all Technology Sectors of an Industrial Sector.

If the player has product and/or license markers in all Technology Spaces of one but not all Technology Sectors of an Industrial Sector, the player multiplies the product and/or license markers in the Technology Sector having product markers with the value of that Technology Sector indicated on the scorecard to determine the market value of that business (for example “times 2” for the pink Technology Segment in Industrial Segment E that includes the “Gaming” Technology Space). This reflects the less value of products and/or licenses when held in all Technology Spaces of one but not all Technology Sectors of an Industrial Sector.

If a player has product and/or license markers on some but not all Technology Spaces of a Technical Sector, the player uses no market multiplier to determine the market value of that business from those product markers and/or licenses. This reflects the low value of products and/or licenses when held in some but not all Technology Spaces of a Technology Sectors of an Industrial Sector.

For each patent held, the player divides the market value of the business to which the patent pertains as previously calculated by two (or other predetermined number) to determine the patent value of that business. This reflects the multiplier value of the business including future value.

For each trademark held, the player divides the value of the business to which the patent pertains previously calculated by four (or other predetermined number) to determine the trademark value of that business. This reflects the multiplier value of the business including future value.

For each copyright held, the player divides the value of the business to which the patent pertains previously calculated by five (or other predetermined number) to determine the copyright value of that business. This reflects the multiplier value of the business including future value.

Each player then adds up the market values and patent, trademark, and copyright values of the business to arrive at a total valuation for the business. The player with the highest business valuation wins the game.

Game is illustratively a board game, the game may be implemented as a video game, on-line or off-line, or in other formats.

While a plurality of dice has been described for use with the illustrative embodiments of this disclosure, it will be appreciated that a single dice may also be used for randomly determining a number for use with this disclosure. Alternatively, a number generator for use with this disclosure may be any random number generator. For example, random number generator may be a deck of numbered cards, an electronic number generator, a mechanical device such as a spinning wheel, or any other device which may be used to generate a random number.

The product markers or pieces for use with this disclosure may be color coded to distinguish licenses between players. Alternatively, the product markers or pieces of each player may be differentiated in other ways, such as by shape. The patent, trademark, copyright, license, or other markers or pieces may also be differentiated such as by color or in some other manner. The pieces may themselves be of different color or shape or be of the same color and/or shape configured to receive a colored collet or some other indicator that indicates the player associated with that marker or piece.

While the disclosure has been described in conjunction with specific embodiments, it is evident that numerous alternatives, modifications, and variations will be apparent to those skilled in the art within the spirit and scope of the disclosure described above.

Claims

1. Aboard game for play by two or more players comprising:

a plurality of industrial sector spaces defined by one or more technology sector spaces comprising one or more technology spaces defining a world economy;

a plurality of market gateways, each market gateway providing a link between at least two industrial sector spaces;

a plurality of product markers for placement on one or more of the one or more technology spaces during play of the board game;

a plurality of intellectual property markers, each intellectual property marker representing a form of intellectual property; and

a resolution mechanism;

wherein each player is provided with a predetermined number of product markers at the start of the game for placement on one or more of the one or more technology spaces on the board game to define a starting market position for the each of the two or more players;

wherein each player is provided with a predetermined number of additional product markers at the start of a turn for placement on either one or more of the one or more existing technology spaces on the board game on which there are one or more product pieces of a player to grow an existing market position existing on the one or more technology spaces at the start of the turn or to place on one or more new technology spaces to define a new market position;

wherein the placement of the predetermined number of additional product markers at the start of a turn on the one or more new technology spaces during a turn is limited to one or more new technology spaces that directly or by a market gateway adjoin the one or more existing technology spaces at the start of the turn;

wherein each player obtains intellectual property markers during the game on predetermined conditions for placement on the one or more existing technology spaces for creating intellectual property rights on the one or more technology spaces;

wherein resolution of a dispute regarding an intellectual property right between the players arising from a movement of product markers of one player into a technology space of another player having intellectual property rights in that technology space includes a resolution mechanism; and

wherein the player at the end of the game whose market value from all product markers and intellectual property markers on the game board is the greatest is the winner of the game.

2. The board ga claim 1 wherein the intellectual property is a patent.

3. The board game of claim 2 wherein the dispute resolution is by a number generator.

4. The board game of claim 3 wherein the number generator is a dice.

5. The board game of claim 3 wherein the dispute is a patent infringement and the patent holder prevails in the dispute with a generated number that is greater than the number of the other player.

6. The board game of claim 3 wherein the dispute is a patent validity and a player prevails against the patent holder in the dispute with a generated number that is at least two greater than the number of the other player.

7. The board game of claim 5 wherein the dispute is triggered before actual movement of product markers of one player into the technology space of the patent holder.

8. The board game of claim 5 wherein the dispute is triggered after actual movement of product markers of one player into the technology space of the patent holder.

9. The board game of claim 8 wherein the dispute is triggered at the election of the patent holder.

10. The board game of claim 5 wherein the dispute is triggered by an assertion of a patent in a technology space against product markers held by another player in the industrial sector of the asserted patent.

11. The board game of claim 10 wherein the patent holder prevails in the dispute with a generated number that is two greater than the number of the other player.

12. The board game of claim 1 wherein the dispute resolution is by agreement between parties having an interest in the intellectual property right.

13. The board game of claim 12 wherein the agreement involves a license.

14. The board game of claim 12 wherein the agreement involves a cross-license.

15. The board game of claim 1 further comprising an IP asset tracking mechanism for tracking the intellectual property of a player.

16. The board game of claim 1 wherein the market value from patent markers is a first value if the player holds one or more patents on some but not all of the technology space of a technology sector of an industrial sector; a second value if the player holds one or more patents on all the technology spaces of one but not all technology sectors of the industrial sector; and a third value if the player holds one or more patent on all technology space of all technology sectors of the industrial sector.

17. A method for a game of patents comprising the steps of:

defining one or more technology sector spaces comprising one or more technology spaces defining a world economy;

defining a plurality of market gateways, each market gateway providing a link between at least two industrial sector spaces;

placing one or more product markers on one or more of the one or more technology spaces on which there are no product pieces of a player during play of the board game to create an existing market position;

placing one or more product markers on one or more of the one or more technology spaces that directly or by a market gateway adjoin the one or more existing technology spaces at the start of the turn to create a new market;

securing one or more intellectual property on a technology space on which a player has a predetermined number of product markers;

creating a dispute by movement of one or more product markers into a technology space on a which patent is held by another player;

resolving the dispute with the patent holder by predetermined rules.

wherein each player obtains intellectual property markers during the game on predetermined conditions for placement on the one or more existing technology spaces for creating intellectual property rights on the one or more technology spaces;

wherein resolution of a dispute regarding an intellectual property right between the players arising from a movement of product markers of one player into a technology space of another player having intellectual property rights in that technology space includes a resolution mechanism; and

wherein the player at the end of the game whose market value from all product markers and intellectual property markers on the game board is the greatest is the winner of the game.

18. The method of claim 17 wherein the dispute is patent infringement and further comprising the step of:

generating a number by the patent holder using a number generator that is greater than the number of the other player.

19. The method of claim 17 wherein the dispute is patent invalidity and further comprising the step of:

generating a number by a player using a number generator that is two greater than the number of the patent holder prevails against the patent holder in the dispute.

20. The method of claim 17 further comprising the step of:

resolving the dispute by the patent holder grant of a license.