Once the game was published, for example given out, this may be considered to be making it public. This could result in loss of patent rights, although this is a very fact intensive analysis and depends on exactly what happened and when. Such an analysis requires professional assistance. In any case, if the provisional patent application is filed within one year of the earliest possible date of publication, rights will be preserved. The copyright is not adversely affected by publication.
Answered on Apr 15th, 2011 at 11:05 AM