Designing the Future: Protecting AR/VR Innovations With Design Patents

Augmented reality/virtual reality (AR/VR) technology creates the immersive virtual worlds of the metaverse by using a collection of interconnected technologies. AR/VR technology forms the front-end, user interface components of the metaverse. Headsets and hard drives. Animations and avatars. Millions of engineers and designers around the world pour their skills, training and creativity into building the hardware and software of the metaverse. Seamless interoperability goes hand-in-hand with stunning user experience as creators spend their days designing virtual worlds hoping to stand out from the crowd. A good product in the virtual space intertwines visual appeal with reliable functionality. Back-end efficiency is not enough. AR/VR technology is expected to provide an experience that captivates the user with immersion and beauty.

Accordingly, when it comes to protecting these product development investments, many parts of AR/VR technology do not squarely fit into traditional intellectual property silos. Sure, trademarks can cover aspects of user facing features, which may include some shapes or images. But trademarks must serve as a source identifier with their rights tied to use. Utility patents, another valuable tool, do not have this issue. They can last for 20 years regardless of whether the owner commercializes or not. However, software-oriented utility patents have increased in costs and uncertainty as patent eligibility guidelines remain in flux. Utility patents are further limited in their ability to protect aesthetic non-functional features. For technologies like the metaverse where visual or ornamental features will be prevalent, utility patents can fall short.