I have several questions regarding the creation/implementation in regards to adding a subsystem to an already existing "published" game. I am not sure if this is the right forum to post this topic, so I will gladly repost elsewhere if it is not.
1) I am not trying to create a game, I am just trying to add a series of menus and, and selectable options to an already existing game, like "Call of Duty" as an example. These series of menus and submenus, would have to allow to the player to input information and this information would have to be relayed to an entity outside of the gaming network i.e. microsoft, sony, etc... My question is; what would be a good, reasonable way to approach the creation of something like this?
Mostly, if the game doesn't intentionally have modding support, that is difficult to do.
Typically how it's done (for something like the Steam Overlay or Ventrillo's in-game overlay), is by tricking the program by swapping the DirectX DLLs they use for rendering with a dummy DLL that than forwards most of the draw calls to the real DLL, but when the program sends to the (fake) DLL the command to "display the screen", the dummy DLL quickly draws the menu before actually displaying the screen. You'd grab input in similar ways.
Note: Some games might freakout and auto-ban accounts that do that, since that's one common way that aimbots work.
2) Based on the above information, what kind of technical programming options do I have to create a system like this?
Very few, at least on Windows machines.
3) Does anyone know where I can find good, solid, game creation information in regards to creating a patent application? I need to make flowcharts, models, and eventually a demo version of the information in question #1.
Are you trying to patent the 'idea' of adding extra information to a game? You're too late, other people have already created programs like that (Steam Overlay and Ventrillo are just two examples). That's called 'prior art' which makes any later patents pretty much invalid.
Are you patenting the idea of sending information to a servers other than the game servers? That's already been done also, and that's not an invention, just a use of an existing idea (sending information to any server - which is what the entire internet is).
Are you trying to patent a creative idea you have for how to use those? That's not patentable.
You're saying, you have an idea. Great! Patents don't cover ideas, they cover solutions to specific technical problems, and must be a procedure or process that's non-obvious to professionals.
Also, you're saying, "What is the solution to the technical problem to make my idea work?". Well, if I tell you (which I did, above), that means that other people have already invented the solutions to the technical problems, and thus it's no longer patentable.
Patents are for inventions, not creative ideas.
However, I'm not a lawyer. If you ask a lawyer, they'd probably be able to send in a patent form for you anyway (despite it being not patent-worthy), and the USPTO has been sloppy enough to grant thousands of invalid patents, so you'd likely get that patent. However, if you tried to sue someone over that patent, all they have to prove is that you didn't invent the technological process, and then your patent would be declared invalid, and you'd be liable to pay not only your own legal fees, but also the legal fees of the person you tried to sue.
Copyrights = For specific implementations of creative ideas (i.e. the Halo videogame series (but the idea "space marine on ring planet fighting aliens" isn't copyrightable), or the Harry Potter book series (but the idea "wizard boy in school" isn't copyrightable)
Trademarks = For specific brands so consumers can recognize corporations ("Nintendo", "Disney", "Walmart", and their logos)
Patents = For specific procedures for overcoming a specific problem. (Lightbulbs (but not the idea of light), specific car engine designs (but not the idea of moving a vehicle and not the idea of an engine in general))
Ideas themselves aren't owned by any individual. How someone uses that idea, that's ownable.
If you want to create a company providing a service to gamers, like Raptr, you can't just use legal tricks to crush competitors, you have to compete by making a better service and winning gamers over. Whoever makes the better product or service wins the customers. This encourages competition which results in lower prices and better products.
You can't patent the idea of creating a service for gamers, or the idea of displaying stuff over a game screen (only a specific technical implementation that's a genuine invention and non-obvious to technical people). You have to compete with a better product. But you can trademark your company name so people can't counterfeit you.
But, again, I'm not a lawyer, so if you go talk to one, you'd get more accurate advice.