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Patents for computer games

In Sweden, it is not possible to obtain a patent for something that solely consists of program code. However, there may be technical functions in your game for which you can register a patent.

You can obtain patents for the technical functions that the program code creates if the program meets the following requirements: 

  • it can be applied industrially. This means that what happens when the code or program is executed has a technical effect.
  • it is novel
  • it is inventive. The difference compared with previous solutions must be significant.

Remember that

  • the copyright concerns the code you have written – the literary work which constitutes the algorithms.
  • it is relatively easy for a programmer to write an identical program but in a way which does not necessarily infringe the copyright for the first work.
  • if your code contains technical functions, it may be appropriate to register a patent for those particular functions in order to protect your innovation.