How Intellectual Property Laws Shaped the PlayStation

The introduction of the PlayStation revolutionized the video game industry and forever altered the entertainment world’s landscape.

Before the dawn of PlayStation in 1994, the video game console market was dominated by two Japanese companies: Nintendo Co Ltd and Sega Enterprises Ltd¹. At that time, the industry generated close to US$4.3 billion² in worldwide revenue.

26 years later, PlayStation’s projected worldwide revenue would reach US$175 billion³, with a forecast of US$217.9 billion in 2023, a number greater than 137 countries GDP⁴.

With its innovative technology, PlayStation heralded a new form of ground-breaking entertainment: No longer would video games be considered just toys for children.

1988-1993

A CONSOLE IS BORN

Like most great stories, the origin of the PlayStation started with a catalytic moment.

Following an agreement to collaborate with Sony in the creation of an optical disc add-on for the SNES⁵ and the development of a separate console that would play CD-ROMs and cartridges (referred as the Nintendo “Play Station”), Nintendo pulled out of the deal and turned to Phillips. Nintendo was dissatisfied with the business terms and concerned about losing control of manufacturing involving the console.

⁵ Nintendo’s console was called the Super Nintendo Entertainment System (SNES) in the US. In Japan, it was called Super Famicom.

History of breaking new technological ground

Financial backing (Sony would spend $500 million in a 3-year period developing the PlayStation⁶)

The incident motivated Sony to develop its own console in 1992 under the direction of Ken Kutaragi—now known as the “Father of the PlayStation”—who received the go ahead from Sony CEO Norio Ohga.

Sony’s
comparative
advantages
to enter the market

A strong brand.

Insights on introducing new product
(Walkman, Betamax).

Success factors for the PlayStation⁷

Significant technological improvements pioneered by the introduction of optical discs, which helped launch polygons and 3D environments in games
Pricing of the console and software
Strength behind the marketing, manufacturing, and distribution
Large number of third parties willing to develop for the console
Timing of release (Nintendo took 18 months to release their next generation console following the PlayStation launch)

⁷ As technology improved over the years making consoles more powerful and games more realistic, it also changed the way peripherals would impact gameplay. These included controllers, headsets, sound, graphic cards, keyboards, cameras, steering wheels, and even chairs designed for players. SCE’s introduction of the PlayStation game controller would have a major impact on the success of the PlayStation as well as the gaming industry not only for its design but also for the way it would affect game development and the player’s experience.

While console manufacturers typically lose money on the sale of consoles because of the cost of parts, manufacturing, labor, shipping, and R & D, it was Sony’s decision to take perhaps a bigger loss with their surprising price announcement of US$299 for the US PlayStation (1995), a move that sent shockwaves throughout the industry⁸. Priced US$100 less than Sega’s recently released Saturn console, this helped attract more consumers while benefitting publishers, developers, and retailers since more consoles would be sold. A new player in the market, PlayStation’s retail pricing solidified its status as a major competitor.

From a business standpoint, Sony had to entice publishers, developers, distributors, and retailers with a business model that would motivate them to invest and participate in the product development.

At the same time, Sony needed to ensure steps were taken to protect their products (hardware and software) and brand at every stage of the development, launch, and distribution of the PlayStation in order to build on their intellectual property in the years ahead.

While the Nintendo console was cheaper than the PlayStation primarily due to the lower production costs, the costs of producing games was higher because of the components used in the Nintendo’s cartridge-based system. This proved to be a costly mistake for Nintendo since it also limited developers on what could be added to games.

Sony had a long history of building relationships in manufacturing, distribution, and marketing. These relationships—originated in Sony’s music and electronics divisions—provided guidance for the PlayStation team.

In 1993, Sony Computer Entertainment Inc. (SCE) was established as a joint venture between Sony Corporation and Sony Music Entertainment (Japan) Inc. In 1995, Sony Computer Entertainment America (SCEA) and Europe (SCEE) were established. PlayStation would then become a property of SCE, known as Sony Interactive Entertainment (SIE) since 2016.

TRADE SECRETS

ATTRACTING THIRD PARTY DEVELOPERS

1993-1995

CAN YOU KEEP A SECRET?

The videogame industry is basically a marriage between the hardware manufacturers that provide the devices (innovation) and the software developers who create the games (creativity).

During the development and subsequent release of the PlayStation, much of SCE’s competitive advantage depended on confidential information. This included the company’s strategy for the development, manufacture, and distribution of the PlayStation, protected through trade secrets.

SCE needed to share confidential information with its game publishers and developers to make the PlayStation a success. The company had to be careful on how that information—protected by trade secrets—was going to be shared to preserve its value.

Sony would license its IP—including development kits¹⁰ and special blue PlayStation consoles capable of reading burned discs of games in development—to help test products, subject to strict confidentiality and licensing requirements.

Trade secrets included technology, designs, operation, development tools, concepts, and plans for future platforms. Depending on the jurisdiction⁹, pricing, relationships with retailers and publishers, marketing campaigns, terms of agreement, and even responses from focus groups could be considered trade secrets. ⁹ In some jurisdictions, trade secret protection is limited to technical information.

Historically, the success of any console has been measured by the quality and selection of games. The same was true for the PlayStation during the critical early launch period, which relied on SCE’s ability to attract developers. This was even more critical since SCE’s internal development teams had not yet proven themselves.¹¹

In 1993, SCE pursued development agreements with third parties in Japan. To boost its internal development capabilities, SCE went overseas and acquired British developer Psygnosis for US$48 million.¹² The acquisition enabled Sony to distribute exclusive titles, strengthen the PlayStation brand, and show their commitment to publishers. This helped attract major Japanese companies such as Namco, Square Enix, Konami, and Capcom, some of which chose to develop games exclusively for PlayStation.

In the early stages, SCE’s potential partners would have entered into non-disclosure agreements (NDAs), sharing just enough information to get them interested in working together. Next, SCE and the developers would enter into license agreements¹³ that dictated how the development tools could be used, who would have access to them, for how long, and how a breach of confidentiality would be handled.

¹³ A stand-alone NDA is usually signed when you are contemplating a relationship. If the relationship continues, for example, into a license agreement, those confidentiality aspects are usually incorporated into the subsequent agreement.

Over 100 publishers would sign with SCE, some exclusively. By the time PlayStation was released, more than 300 games were planned or in development, including Mortal Kombat 3, Metal Gear Solid, Tomb Raider, and Final Fantasy VII.

To convince developers to commit to an unknown platform competing against established brands like Nintendo and Sega, SCE minimized the developers’ exposure by offering them better economic terms and making game development easier. SCE achieved this by creating a general software library (a set of tools for licensed developers) and enabling the use of PCs as development platforms.

Prior to granting exclusivity to SCE, the Final Fantasy franchise had only appeared on Nintendo consoles. The developers were concerned that the cartridge-based system used by Nintendo would limit their capabilities in what they wanted to include in the game. As a PlayStation exclusive, the role-playing game (RPG) would involve three discs and go on to sell more than 10 million units.

TRADEMARKS

CREATING A UNIQUE BRAND

1993-1995

TRADEMARKING A NEW GAMING EXPERIENCE

SCE needed to convince consumers of the ‘entertainment value’ of their product and that the Sony brand¹⁴ , while better known for its electronic devices, could produce a competitive console and games against established players. Internally, there was concern that if the gaming console was not successful, it could impair the Sony brand.

¹⁴ Businesses try to convince consumers on the reliability of a brand. The value of a brand is obtained after consumers build trust on the brand (brand recognition).

The PlayStation logo by Manabu Sakamoto was chosen from over more than 30 alternatives²⁰ . Likely, SCE had an employee agreement with Sakamoto according to which the company would own all rights to the designer’s creation in perpetuity.

Coming up with a new name could help solve two issues:

Establishing a unique brand, one that would become identifiable with the console.
If the console was poorly received, the damage to the Sony name might be minimal.

Herein lies the importance of trademarks.¹⁵

¹⁵ Trademarks play a valuable role in any business since consumers recognize a company and the quality of its products through the use of various trademarks. A successful brand builds “goodwill” with the public and a consumer, each therefore knowing the level of quality they can expect from that brand.

When Sony was working with Nintendo, the console was referred to as Play Station (two words)s ¹⁶ . SCE adopted the name, but combined the two words into one: PlayStation¹⁷. To secure the trademark, SCE had to ensure the name was available.

Focus groups in the US allegedly gave the name PlayStation a negative review, and briefly the development code PS-X ¹⁸ was considered. It didn’t come to pass, but SCE recycled the name in 2003 for their digital video recorder ¹⁹.

To build the brand, the PlayStation name, logo, colors, designs, game titles, shapes, three-dimensional features (such as the shape and packaging of goods), and even the symbols on the controllers had to be protected using multiple countries’ trademark laws. SCE registered in the territories that would generate the most revenue and the ones that could present the most problems with counterfeiting.

SCE’s initial trademark application in Japan and then in the US in 1994 included words, letters, and numbers in stylized form. Over time, Sony eventually filed over sixty PlayStation-related trademarks, some of which would later be abandoned.

At the outset, SCE built franchises around games like Gran Turismo and Twisted Metal to help build brand recognition for both the console and the game titles.

By using simple geometric shapes to label the action buttons rather than the traditionally used letters or numbers, the PlayStation controller symbols qualified as a trademark ²¹ and would be incorporated heavily into the PlayStation brand.

Almost 25 years after Twisted Metal’s release, the game is being adapted as a TV series under the SIE’s PlayStation Productions banner, founded in 2019 to exploit the intellectual property of games for films and television ²² .

As PlayStation gained in notoriety, interest from would-be licensees soared. To capitalize on this phenomenon, SCEA eventually established a licensing program²³, primarily to focus on licensing opportunities, enter into agreements, expand brand recognition, develop revenue growth from licensing royalties, and foster further trademark protections.

As part of the licensing agreements with developers and licensees, all PlayStation related trademarks had to conform to a universal standard covering font, size, and placement so the logo and name would be consistent in all materials.

Because of the numerous brands created by Sony and the many trademark classes of products and services involved in the operation, the company had to file several separate trademark applications, from video game hardware to apparel.
The applications for “E NOS LIVES”²⁴ and “UR Not E”²⁵ are examples of filed trademarks for marketing purposes. They were registered under the Nice International Classification, Class 28, which refers to “Games, toys and playthings; video game apparatus...”²⁶

COPYRIGHT

PROTECTING CREATIVITY

1993-1995

COPYRIGHT IS NOT A GAME

During the development and prior to the launch of the PlayStation, SCE would own the copyright²⁷ of the software used for the console, games developed internally, and by third parties subject to contract.

²⁷ In the gaming industry, copyright protects the software that runs the hardware, the software used to develop the game (source code), and the content within the game (story, characters, art, music).

As part of providing hardware and software tools (e.g., development kits²⁸ ) to developers, SCE would require the protection and control of their intellectual property and that the information and materials be kept confidential. This was done by requesting developers to sign licensing agreements²⁹ describing what SCE owned, what limited non-exclusive rights they were licensing, how the software and hardware could and couldn’t be used, the length of the license, and grounds for breach as well as remedies.

The agreement would require developers to acknowledge SCE’s ownership of their intellectual property and limit SCE’s liability, including representations and warranties, indemnification, and damages in the event the software resulted in a problem for the developer.

Sony’s 3D modeled Tyrannosaurus Rex technical demonstration in 1993 sealed the deal with developers. It became the benchmark used by developers to create new artificial worlds. Combined with music, the 3D and polygon technology gave video games a cinematic feel, namely camera angles, perspective, and dimension.

For SCE, it was critical that they owned the copyrights to materials³⁰ created by their employees and contracted third parties, e.g. developers, consultants, talent, and vendors, so they could have complete discretion over their exploitation and distribution as well as of any derivatives.

SCE entered into written agreements confirming ownership of the intellectual property with their employees and vendors. Otherwise, it was conceivable that ownership would remain with the creator of the intellectual property and not the company.

³⁰ This would also include any marketing materials created by employees and contracted third parties associated with the console and the video games.

When the PlayStation was launched in Japan, eight games were released: A.IV Evolution, Crime Crackers, Gokujou Paradius Da! Deluxe Pack, Mahjong Goku Tejiku, Mahjong Station Mazin, Nekketsu Oyaka, Ridge Racer, and TAMA.³¹ In contrast, to reflect specific tastes in different markets, the US and European launches involved a different set of games.³²

Music for games primarily involves either original scored music (whereby a composer is hired to provide work for hire services or licenses such scored music) or pre-existing music that is licensed, or a combination of both. The type of music that will be used in a game will be similar for what is done in films and television shows and will depend on the budget, the developer’s vision, and the intended use of each piece of music.

The soundtrack of Wipeout, the video game launched with the PlayStation in the UK, is credited with prompting developers to give greater importance to music in their games, for example, by using tracks by popular contemporary artists.³³ The advent of CDs allowed for more storage space than cartridges and music therefore became a greater focus with games.

In most situations when licensing music, the developer will need to obtain both synchronization and master use rights to the music (e.g, the composition and the master sound recordings).

Non-licensed companies attempting to manufacture and distribute products associated with PlayStation presented a new legal challenge for SCE involving copyright issues.

SCE had to deal with copyright issues involving companies that created modchips, which allowed CD-R games not authorized by SCE to play on the PlayStation.³⁴

In Sony Computer Entertainment America v. Connectix Corp (1999) , Connectix reverse-engineered SCE’s Basic Input Output System (BIOS) to develop software that would allow PlayStation games to play on a Macintosh, using a device called Virtual Game Station. The court determined the device was a new platform and non-infringing under the US concept of fair use.

To deal with a second emulator copyright dispute—Bleem, LLC. (2000)—SCE tried a different approach. The company accused Bleem of copyright infringement for using screenshots of PlayStation games in their advertisement. The court ruled against SCE again because of fair use: as long as the photos were used to compare how screenshots looked on a TV screen and on a PC, it was acceptable.

INDUSTRIAL DESIGN

DESIGN CHOICES MATTER

1993 - 1995

IT’S NOT ABOUT INNER BEAUTY

With every generation of videogames, gaming companies deliver new and aesthetically pleasing devices. The external appearance of newly released consoles is invariably a hot topic among the gaming community. In the case of the original PlayStation, the design choices were even more important. It was SCE’s introduction to the market: PlayStation needed to set itself apart and assert its place among the up-and-coming generation of 3D polygon-based video game consoles.

The addition of two analog sticks to the controller allowed players to operate character movement with the left stick and camera angles with the right.

Sony designer Teiyyu Goto provided a number of alternative designs for the PlayStation and in the end, opted for a sharp, sober, and modern look. The idea was to signal video games were more than toys for children. Goto also came up with a number of alternatives for the controller. The final design distinguished itself by incorporating an extra set of buttons, two handles, and a larger motif.³⁷

The industrial design of a product is the ornamental or aesthetic aspect of a useful article. Applied to the game industry, industrial designs include the shape of the console, the controllers, and the games’ interface. While industrial designs do not protect the functional aspects of a product, design choices do affect gameplay, like the shape of the controllers or disposition of the buttons.

The most distinctive aspect of the original PlayStation were the controllers, in particular the two shoulder buttons that allowed users control the camera in a 3D environment.

The now iconic PlayStation symbols on the controller buttons were chosen as an homage to functions familiar to game designers: For many games and depending on the territory, a circle represents Yes; an X, a No; a square reminiscent of a sheet of paper, the Menu; and a triangle, the Viewpoint.

The controllers of the original PlayStation were subject to industrial design registrations, including many experimental variations. In 1995 in Japan, SCE applied for industrial design protection for the flat gamepad model, one of the controllers that made the cut. Later, in 1997, the company did the same for the dual analog model.

Industrial design gives you an idea of what to expect from a console. As a potential buyer, the first impression is purely visual. For example, consoles that emphasize fun and playability are often more colorful and curvier. PlayStation’s original design³⁶ focused on efficiency and graphics. Early designs were not convincing, particularly the housing of the CD-ROM. The issue was solved using a spring-loaded lid. Latter iterations of the PlayStation console have shown a sleeker design and achromatic colors.

Sony applied for registration for the industrial design of the PlayStation console in 1994 at the Japan Patent Office and through the WIPO Hague System . In 1996, Sony did the same before the United States Patent and Trademark Office³⁵ and provided “the original design of a game machine.” In some countries, industrial design laws grant time-and-scope-limited protection to unregistered industrial designs. Depending on the particular national law and the kind of design, industrial designs may also be protected as works of art under copyright law.

PATENTS

A GATEWAY TO INNOVATIVE IDEAS

1993-1995

PLAYING DEFENSE WITH PATENTS

In 1993, SCE filed multiple patents³⁸ for the PlayStation console. Typically, companies file in their home country and in the highest revenue-generating territories. SCE filed in Japan, the United States, and Europe, which represented the three biggest markets. Patents would help SCE control its destiny, by allowing the company to determine who could make, use, or sell the PlayStation game system within the countries they secured protection.

In Japan, where the PlayStation was first patented, SCE (as the owner) had the legal right to exclude or stop others from making, using, selling, or importing a product or process based on the patented invention.

Sony filed a utility patent/model (which covered the functional aspects of the invention but excluded abstract ideas) and a design patent that protected the appearance and ornamental design of the product (new and non-obvious aesthetic design), which later was assigned to SCE.

³⁸ Patents give the inventor exclusive rights for making, using, and selling its invention for a limited period of time that is new, involves an inventive step and is capable of industrial application. This incentive can increase the overall value of a company, generate revenue from licensing fees, and provide a competitive edge by limiting competition. Inventors typically file in their home country and may also consider a country that will result in the most revenue from sales of the invention.

Sony would engage in an extensive search to uncover whether a patent had been filed or if there was any prior art.³⁹ This search was made more daunting by the release date for the PlayStation—which placed major time constraints on the lawyers both in Japan and the US—and the complexity of the console make-up. Since Internet searching in the early 90s wasn’t an option, reviewing patent applications, journals, videos, and other public information was particularly challenging.

³⁹ Prior Art: All the relevant knowledge that existed prior to the priority date of a patent application. In some countries there is a differentiation between printed publications, oral disclosures, and prior use, and where the publications or disclosure occurred. Novelty and inventive step must be assessed in view of the prior art.

As devices and games became more complex and innovative, the number of patents increased. Over the years, SCE/SIE registered patents covering hardware design, user interface, communication methods, game displays, parental control, gameplay, micro-transactions, and peripheral controllers.

Patents have other applications beyond legal protection:

Patent information facilitates knowledge sharing: The information in patent documents can be very useful to researchers and entrepreneurs to help them.
Assess state-of-the art in a specific technological field.
Avoid duplication of research and development work.
Identify inventions protected by patents (to prevent infringement).
Seek opportunities for licensing.

Many companies perform freedom-to-operate searches, to check if any third parties own patents they need to access to commercialize their products. Sony reviewed thousands of patents and took a closer look at those that could have potentially infringed on other patents. The technology in the PlayStation was so advanced that some of the patents reviewed involved high-end flight simulators, satellites, and super compuers.

Freedom to Operate⁴⁰ : SCE licenses a number of technologies created by third parties to incorporate in its gaming products, including hardware elements and CD-player functions. These arrangements allow SCE to focus on the development of the most value-added components.

⁴⁰ Freedom to Operate: The condition in which a particular action, such as testing or commercializing a product, can be done without infringing valid patent rights of others.

SCE would file numerous patents prior to the PlayStation’s launch, including the design of the DUALSHOCK controller, the BLACKDISC intended to prevent game piracy, and on its 3D technology.⁴¹ SCE would subsequently file additional patents covering future console and controller iterations , optical discs, ancillary products, gameplay, cloud computing, micro-transactions, and even a robot playmate.

Patents have played a significant role in the video game industry, dating back to the introduction of the Magnavox Odyssey in the 1970s. Patents have provided protection for hardware, software, and peripherals, and have been the subject of litigation.

In 1997, SCE released a Dual Analog controller.⁴² Unlike the US release, the Japanese version included vibration motors. Shortly thereafter, SCE released the DUALSHOCK, which featured vibrating controllers and used force feedback to stimulate certain actions in a game, like hitting another car while driving. This feedback was created by using electric motors in each handgrip. The DUALSHOCK became an instant success and many games were developed to take advantage of it, but it would also result in litigation.

Patent lawsuits are particularly expensive, whether pursuing or defending, and many run into the millions, as illustrated by a 2002 lawsuit between Immersion Corporation and SCE. Immersion, the owner of two patents that delivered sensations to users via interactive computer applications, filed a patent infringement suit against SCE involving the vibrating DUALSHOCK controller. After much litigation, SCE was ordered to pay a nine-figure settlement that included a royalty based on US PlayStation console sales.

EPILOGUE

TIME TO GO TO MARKET

DEC 3, 1994

READY TO LAUNCH

Introduced first in Japan (1994) and later in the United States, Europe, and Oceania (1995), PlayStation would become the first video game console to sell over 100 million units.⁴³ More than 7,300 games would be released during the product’s eleven-year lifespan.

In 1995, when the PlayStation was released in the US, it sold 100,000 units in the first weekend and one million units in six months, breaking then sales records for console-based systems.

In 2000, the PS One, a smaller and redesigned version was released. PlayStation 2 was launched in March 2000 and remains the industry’s best-selling console with an estimated total of 155 million units sold worldwide.⁴⁴

2020

THE NEXT GENERATION

In November 2020, SIE released two versions of the PlayStation 5. In February 2021, Sony Corp earnings announced that the global cumulative sell-in units as of the end of December 2020 was 4.5 million units ⁴⁵.

In 26 years since the launch of the PlayStation, it has sold over 500 million units.⁴⁶ Today, the Game and Network Service business segment within the Sony Group represents approximately 30% percent of Sony’s profits⁴⁷ , making it Sony’s largest business segment.

As seen by this extraordinary example of a new entrant to the market, where video game consoles and games embody features that give rise to a range of intellectual property rights, understanding the strategic role of intellectual property in capturing value and market leadership is a critical factor for success.

END NOTES

Video Games: A report on the supply of video games in the UK, by the UK Monopolies and Mergers Commission, March 1995

2018 Newzoo Global Game Market Report.

Global Game Revenues Up an Extra $15 Billion This Year as Engagement Skyrockets; Tom Wijman, Nov 2020;

https://newzoo.com/insights/articles/game-engagement-during-covid-pandemic-adds-15-billion-to-global-games-market-revenue-forecast/

According to 2020 estimates by the International Monetary Fund (IMF): https://en.wikipedia.org/wiki/List_of_countries_by_GDP_(nominal)

Nintendo’s console was called the Super Nintendo Entertainment System (SNES) in the US. In Japan, it was called Super Famicom.

As technology improved over the years making consoles more powerful and games more realistic, it also changed the way peripherals would impact gameplay. These included controllers, headsets, sound, graphic cards, keyboards, cameras, steering wheels, and even chairs designed for players. SCE’s introduction of the PlayStation game controller would have a major impact on the success of the PlayStation as well as the gaming industry not only for its design but also for the way it would affect game development and the player’s experience.

See the announcement at https://medium.com/@roytertman/the-3-word-pitch-that-won-sony-the-game-consoles-war-forever-12cf28cdd9da ; https://www.nytimes.com/1995/05/06/business/nintendo-delays-introduction-of-ultra-64-video-game-player.html

In some jurisdictions, trade secret protection is limited to technical information.

PlayStation Anthology, by F. Mellado, M. Manent, A. Clerc-Renaud, F. Latour, Geeks-Line publishing, page 356: https://www.geeksline-publishing.com/home/20-playstation-anthology-collector-edition-9791093752334.html ; and https://www.retroreversing.com/official-playStation-devkit

Sony Imagesoft became 989 Studios (which was first-party software house of SCEA) in 1995, Ramsay M. (2012) John Smedley. In: Gamers at Work. Apress, Berkeley, CA. https://doi.org/10.1007/978-1-4302-3352-7_10; and https://www.gameinformer.com/feature/2019/12/03/the-first-25-years

Console Wars: Sega, Nintendo, and the Battle That Defined a Generation by Blake Harris, 442 (Dey St., 2104) and PlayStation Museum at https://www.youtube.com/watch?v=ryi1QBA6XyI

A stand-alone NDA is usually signed when you are contemplating a relationship. If the relationship continues, for example, into a license agreement, those confidentiality aspects are usually incorporated into the subsequent agreement.

Businesses try to convince consumers on the reliability of a brand. The value of brand is obtained after consumers build trust on the brand (brand recognition).

Trademarks play a valuable role in any business since consumers recognize a company and the quality of its products through the use of various trademarks. A successful brand builds “goodwill” with the public and a consumer, each therefore knowing the level of quality they can expect from that brand.

Interview with Phil Harrison: “1990s Sony Playstation UK launch, Video Games. YouTube video: https://www.youtube.com/watch?v=qzVJYsxR8j0 ; and “From Bedrooms to Billions: The Playstation Revolution”. Documentary film by Gracious Films. Directed by Anthony and Nicola Caulfield.

USPTO : https://tsdr.uspto.gov/#caseNumber=2053625&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch

USPTO Trademark　https://tsdr.uspto.gov/#caseNumber=3933122&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch and https://contracts.onecle.com/acclaim/sony.lic.1994.12.14.shtml

https://en.wikipedia.org/wiki/PSX_(digital_video_recorder and USPTO Trademark https://tsdr.uspto.gov/#caseNumber=3346538&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch

The PlayStation Logo History and Evolution, BrandCrowd, December 4, 2020, https://www.brandcrowd.com/blog/the-playstation-logo-history-and-evolution/ and https://www.reddit.com/r/PS4/comments/e6384r/the_early_playstation_logo_concepts_made_by/

https://www.playstation.com/en-gb/legal/copyright-and-trademark-notice/ and see https://www.trademarkia.com/company-sony-interactive-entertainment-inc-1134759-page-5-2

“PlayStation Productions is the label where all productions that expand PlayStation licenses to arts such as film and television will meet”, Dec. 23, 2020, by Chris Watson, https://freegametips.com/sony-pictures-prepares-7-series-and-3-movies-based-on-playstation-video-games/; as well as https://www.gamesradar.com/twisted-metal-tv-show-on-the-way-from-playstation-productions/, https://twinfinite.net/2019/05/twisted-metal-tv-series/ and https://www.irwebmeeting.com/sony/fast/20190521/k7a24dmc/irday2019_02_en/04/index.html

https://www.sie.com/en/corporate/release/2009/090630.html

USPTO Trademark Database: https://tsdr.uspto.gov/#caseNumber=2015298&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch

USPTO Trademark database: https://tsdr.uspto.gov/#caseNumber=2014584&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch

WIPO IP Portal : Nice Home Page: https://www.wipo.int/classifications/nice/en/

In the gaming industry, copyright protects the software that runs the hardware, the software used to develop the game (source code) and the content within the game (story, characters, art, music).

https://www.retroreversing.com/official-playStation-devkit

https://www.sec.gov/Archives/edgar/data/946581/000162828017005833/ex10-48.htm

This would also include any marketing materials created by employees and contracted third parties associated with the console and the video games.

Retro Pals. The PS1's Japanese Launch Lineup - PlayStation Year Zero. YouTube, 3 Dec. 2016. https://www.youtube.com/watch?v=KrkhywUNj4k

Classic Gaming Quarterly. The Launch of the Sony PlayStation (1995). YouTube, 7 Apr. 2015. https://www.youtube.com/watch?v=dsJVqC0pPFY

"The Future Sound of Game Music". Next Generation. No. 24. Imagine Media. December 1996; https://archive.org/stream/NEXT_Generation_24/NEXT_Generation_24_djvu.txt

John Festinger, Video Game Law at pg. 20 (Lexis Nexis 2002).

This registration was based on the priority No. 6-9791, registered in Japan.

PlayStation: The First 25 Years: An oral history of Sony’s big gaming play, and how it changed the world, by Jeff Cork, December 3, 2019; https://www.gameinformer.com/feature/2019/12/03/the-first-25-years

PlayStation Anthology, by F. Mellado, M. Manent, A. Clerc-Renaud, F. Latour, Geeks-Line publishing, page 345: https://www.geeksline-publishing.com/home/20-playstation-anthology-collector-edition-9791093752334.html

Patents give the inventor exclusive rights for making, using, and selling its invention for a limited period of time that is new, involves an inventive step and is capable of industrial application. This incentive can increase the overall value of a company, generate revenue from licensing fees, and provide a competitive edge by limiting competition. Inventors typically file in their home country and may also consider a country that will result in the most revenue from sales of the invention

Prior Art: All the relevant knowledge that existed prior to the priority date of a patent application. In some countries there is a differentiation between printed publications, oral disclosures, and prior use, and where the publications or disclosure occurred. Novelty and inventive step must be assessed in view of the prior art.

Freedom to Operate: The condition in which a particular action, such as testing or commercializing a product, can be done without infringing valid patent rights of others.

The Evolution of PlayStation Graphics (1994 - 2013), by Mad Nacho, https://www.youtube.com/watch?v=dmZSU0793hQ

Japanese Patent for the “Controller for Game Machine” by Sony Corp at https://worldwide.espacenet.com/patent/search/family/026436217/publication/JP3628358B2?q=ap%3DJP23889894A

“PlayStation 2 Breaks Record as the Fastest Computer Entertainment Platform to Reach Cumulative Shipment of 100 Million Units” (PDF) (Press release). Sony Computer Entertainment. 30 November 2005. Archived from the original (PDF) on 3 January 2006. https://www.sie.com/content/dam/corporate/en/corporate/release/pdf/051130e.pdf

https://www.digitaltrends.com/gaming/bestselling-consoles-of-all-time/

SONY - Supplemental Information for the Consolidated Financial Results for the Third Quarter Ended December 31 , 2020; https://www.sony.net/SonyInfo/IR/library/presen/er/pdf/20q3_supplement.pdf

SONY Interactive Entertainment Press Release, August 9, 2018; https://www.sie.com/en/corporate/release/2018/180809.html

SONY FY2020 Q3 Webcast, : February 3, 2021 https://www.irwebmeeting.com/sony/vod/20210203/x6izewty/202103_3q_02_en/index.html

CREDITS

by-icon Attribution 4.0 (4.0 CC BY)

The CC license does not apply to non-WIPO content.

Author: David Greenspan

Editor: Donna Hill

Project Manager: Donna Hill

For more information on intellectual property (IP), and access to WIPO Services, IP Guides and publications on the Creative Industries, please visit the WIPO websites.

This project was initiated and led by WIPO's Intellectual Property and Innovation Ecosystem Sector, IP for Business Division.

Acknowledgements: WIPO wishes to thank all colleagues in the IP for Business Division who collaborated on this project, the WIPO Japan Office (WJO), in particular Yuka Okakita.

Soundtrack After introductory music, throughout digital story: Music: “Birth of a Hero”, Composer: Benjamin Tissot (also known as Bensound) from www.bensound.com

Images: Copyright and Trademark notices:

page 18: Technology demo for the original PlayStation®

Animation algorithm/Demo program:Akio Ohba
Model design:Masahiro Nakamura
Runtime model optimize:Sachiyo Aoki
CAD/Modeling advise:Kazuyuki Hashimoto

Design and specifications are subject to change without notice.

page 18: Covers of video games in 1994 :

Top row, left to right:

Bottom row, left to right:

This interactive infographic was developed in collaboration with: Rock Content by-icon

Manny Alfonso - Global Category Manager, Web Experiences; Nick Vaka, Global Principal, Video.

Talent Network

Livia G. - Project Coordinator
Jorge I. – Copywriter
Lisa E. – UX Designer
Janka M. – Technical Lead
Pinar A. – Development Project Coordinator
Diego R. – Developer
Michael D. – Developer

Disclaimer: The information contained in this infographic is not meant as a substitute for professional legal advice. Its purpose is limited to providing basic information on the subject matter.

Rotate to portrait mode

How Intellectual Property Laws Shaped the PlayStation

1988-1993

A CONSOLE IS BORN

Sony’s comparative advantages to enter the market

Success factors for the PlayStation7

TRADE SECRETS

ATTRACTING THIRD PARTY DEVELOPERS

1993-1995

CAN YOU KEEP A SECRET?

TRADEMARKS

CREATING A UNIQUE BRAND

1993-1995

TRADEMARKING A NEW GAMING EXPERIENCE

Coming up with a new name could help solve two issues:

COPYRIGHT

PROTECTING CREATIVITY

1993-1995

COPYRIGHT IS NOT A GAME

INDUSTRIAL DESIGN

DESIGN CHOICES MATTER

1993 - 1995

IT’S NOT ABOUT INNER BEAUTY

PATENTS

A GATEWAY TO INNOVATIVE IDEAS

1993-1995

PLAYING DEFENSE WITH PATENTS

EPILOGUE

TIME TO GO TO MARKET

DEC 3, 1994

READY TO LAUNCH

2020

THE NEXT GENERATION

END NOTES

CREDITS

Sony’s
comparative
advantages
to enter the market

Success factors for the PlayStation⁷