Protection of Video Game Mechanics through the Patentability of Software

Video games have grown to become one of the most important industries in the world. They combine a wide range of creative, industrial and technological elements, such as graphics, software, musical compositions, sound recordings, trademarks, patents and even storytelling that could be literary work in and of themselves. In other words, we can define video games as complex works that can embody multiple creative works of authorship that are made almost exclusively from IP. Nevertheless, many professional have assumed that the copyright system is the only one that applies in the case of the legal protection of the systems through which the players interact with a game, referred to as video game mechanics. This position leaves aside other options that could offer their own benefits and even circumvent existing legal loopholes. This paper explores the possibility of the use of the patent law system, with its own limitations, in order to protect those video game mechanics. Bear in mind, this system could prove more beneficial, as it would bring stronger protection, an examination to determine novelty and usefulness, a shorter term of protection, and the possibility to have access to the information disclosed since the filing date of the application