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Patenting Games: Or, Baker v. Selden Revisited

19 Pages Posted: 13 Jan 2009 Last revised: 5 Feb 2009

Shubha Ghosh

Syracuse University College of Law

Date Written: January 12, 2009


Games and gaming have increasingly been the subject of patents. This paper examines how the patenting of games and gaming affects the play and use of games. The author suggests that there needs to be some limit on the scope of patenting so that patent rights do not interfere with the rights of gamers and users. The Article proposes limits on gaming patents under the recent Bilski decision and under the Supreme Court precedent of Baker v. Selden. While the latter case has applications largely to copyright subject matter, the author explores the implications of the Supreme Court's famous decision for patentable subject matter.

Keywords: Intellectual Property, Patents, Copyright, Gaming, Legal Policy

Suggested Citation

Ghosh, Shubha, Patenting Games: Or, Baker v. Selden Revisited (January 12, 2009). Univ. of Wisconsin Legal Studies Research Paper No. 1071. Available at SSRN: or

Shubha Ghosh (Contact Author)

Syracuse University College of Law ( email )

900 S. Crouse Avenue
Syracuse, NY 13244-2130
United States

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