Picture this. It’s third down and less than a yard. The stadium is roaring. The Philadelphia Eagles line up, and everyone knows what’s coming. The quarterback sneaks forward, and suddenly, from behind, two massive teammates shove him with all their might, a human bulldozer gaining that crucial inch. This is the “Tush Push,” or the “Brotherly Shove.” It’s become the most reliable, debated, and copied play in recent football memory.
But here’s a twist you might not know: a furious legal battle is brewing not on the gridiron, but in patent offices and courtrooms. The question is simple yet bizarre: can you own a football play? Knowing this history could make your sports betting on Australian Vavecasino that much more well-rounded, so read on to better your knowledge and win big prizes!
The Birth of a Behemoth
First, let’s rewind. The quarterback sneak is ancient. It’s football’s version of a basic tool. But the Eagles, under coach Nick Sirianni and with the uniquely powerful quarterback Jalen Hurts, perfected it.
They turned it into a near-automatic first-down machine. Their execution is a thing of brutal beauty with perfect timing, incredible lower-body strength from Hurts, and that critical, coordinated push from behind. It’s demoralizing for defenses and a guaranteed topic on every sports talk show. Should it be banned? Is it cheating? Is it brilliant? The debate rages.
But while pundits argued, a man named Robert Z. Gaughran, a retired insurance agent and part-time inventor from Tennessee, saw something else. He saw a patent opportunity.
The Man Who Patented the Push
In 2022, Gaughran was granted U.S. Patent No. 11,448,826 B2. Its title: “Method of Football Play Involving Synchronous Pushing of Ball Carrier by Teammates.” The diagrams look eerily familiar: a quarterback receiving a “coordinated, simultaneous push” from one or more players directly behind him. Gaughran claims he conceived the idea in 2014, long before the Eagles made it famous. He even has a prototype video from 2015 showing a crude version with his son.
His argument is straightforward. He didn’t invent players pushing each other. He invented a specific, coached method—a synchronized technique applied at the precise moment to maximize efficiency and safety. In his mind, it’s no different than patenting a new golf swing training aid or a novel exercise technique. He has sent cease-and-desist letters. He has stated his intent to enforce his patent, potentially seeking licensing fees from teams using the play. The football world collectively scratched its helmets.
What Does the Patent Actually Cover?
This is the murky core. Patents protect inventions, processes, and designs—things like the grip of a football, the material of a helmet, or a novel training machine. They are not typically granted for abstract ideas or, crucially, for “rules of a game.” The U.S. Patent and Trademark Office (USPTO) has long held that strategies, plays, and schemes are not patentable subject matter.
They are considered mental processes, not tangible inventions. So how did Gaughran’s patent slip through? It seems to hinge on the specific wording, framing it as a “method” or training technique, potentially applicable for coaching purposes. Whether it would hold up in court to stop an actual NFL play is the multi-million-dollar question.
The NFL’s Unfazed Huddle
So, what does the NFL think of this? Officially, not much. The league has shown zero concern. Their position is likely rooted in that fundamental principle: you cannot own a way of playing within the rules of a sport. The play exists because the rulebook allows pushing a ball carrier. It’s a legal act within the framework of the game. If Gaughran’s patent were enforced, it would create chaos. Could someone patent the “West Coast Offense”? The “Cover 2” defense? The very foundation of sports innovation would crumble under licensing lawsuits.
