Abstract
Gamification is a solution applied in the main companies of the world. The objective was to discuss the patentability of gamification in the Brazilian Patent Office (INPI). This article reviewed the scientific literature, patent office guidelines and related websites. The documents consulted have shown that patentability criteria are similar among patent offices worldwide; American and European offices have patents related to gamification; the justifications presented by these offices for patenting the inventions related to Gamification are in line with the criteria presented in the guidelines of the Brazilian Patent Office (INPI). Therefore, the present article concluded that inventions related to Gamification meet the patentability criteria of the INPI.
Highlights
The Gamification means the use of dynamic and game mechanics to engage people in a system
The objective was to discuss the patentability of gamification in the Brazilian Patent Office (INPI)
The documents consulted have shown that patentability criteria are similar among patent offices worldwide; American and European offices have patents related to gamification; the justifications presented by these offices for patenting the inventions related to Gamification are in line with the criteria presented in the guidelines of the Brazilian Patent Office (INPI)
Summary
The Gamification means the use of dynamic and game mechanics to engage people in a system. Global companies use Gamification to improve its systems and services This process solves problems in the health industry, education, software, and services. They seek exclusive exploitation rights—patents, copyright, software, etc.—of these intangibles assets to gather advantage in the market. The patent of a disruptive and innovative technology protects the product from competitors and increase the value of the company, whereas the intangibles assets (patents) are 90% of the assets of a global company (Hoflinger, 2017). The intellectual property offices of each country have autonomy to judge the patentability of an invention. These demonstrate differences in the analysis of the criterion of industrial applicability and exclude some intellectual activities of right of a patent. The goal is to discuss the patentability of the Gamification in INPI
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