IP in Metaverse: Patenting Inventions

It’s anticipated that companies and creators will have new opportunities to offer hardware and software for augmented reality (AR) and virtual reality (VR) devices when internet connectivity gives way to the Metaverse. They will aim to increase usability as technology develops, making such devices more accessible and durable. Intellectual property (IP) rights are immediately affected as more innovations become patented. As brands for tangible and digital goods, services, and tools begin to emerge, a virtual trademark area will be created. IP assets will exist in both the real and virtual worlds. The platform’s advancement depends on user-generated content. In terms of trademarks, brands will primarily be distinguished by non-traditional markings like auditory marks, animated graphic marks, etc. A new class of goods and services, such as downloadable digital content, retail outlet services for digital content, and internet entertainment services, will need to be established since completely new items and services will enter the market. While software-related inventions, including games, will be subject to copyright protection, physical things like eyewear and other devices will be protected by patents. However, there are difficulties in patenting this cutting-edge technology.

Technology to power the Metaverse is being vigorously developed and patented by many IT giants. Such patented technologies include, for example, systems for maximizing shared views of virtual objects to numerous VR headset users, algorithms for creating and starting to move simulated shapes and scenes in a VR world based on hand gestures, head movement, or line of vision of the user, systems for producing haptic feedback relating to users’ engagement with virtual elements in a virtualized world, and techniques for creating 3D characters of the users that simulate the use of the technology.

What inventions qualify for patent protection?

In general, patent applications can be submitted on both the software operations running within the metaverse framework and the hardware parts connected to it.

Software advancements might comprise operations carried out within the metaverse framework, operations for accessing the metaverse framework, and operations for synchronizing metaverse framework states. The metaverse will mostly be constructed by modelling real-world or fictional environments and circumstances.

Hardware advancements can take the form of improved CPUs and GPUs that are designed to host or assist the metaverse framework as well as actual access tools like extended reality headsets.

Challenges in Filing Metaverse Patent Applications

• The need for innovation and creativity will likely be a significant hurdle because the virtual reality and augmented reality headset space is currently extensively patented.
• It is challenging to prosecute patent applications for virtual technology because of the strict subject matter validity rules imposed on software inventions under 35 USC 101 as a result of the US Supreme Court’s decision in Alice Corp v. CLS Bank.
• The evaluation of a metaverse-based invention’s novelty and non-obviousness by establishing if the process used within the metaverse environment is identical to the same approach used outside of it presents a significant challenge for software patents. If the claimed invention’s only difference from the prior art is that it is only applicable to the metaverse, it might be difficult for applicants to defeat it.
• As shown in European Patent Office (EPO) judgment G1/19, patenting innovations for simulation can be challenging through the EPO.

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