Patent Case Law and Intellectual Property Practice Blog

1. A distinctive feature of the US design system: The article's use is disregarded US design law is part of patent law (35 U.S.C. §171), and patent principles apply. Its most significant feature is that the article's use stated in the claim preamble is, in principle, not limiting.

1. Expanding protection for image designs (GUI protection) European and US trends contrast. Europe (EU): The amended CDR (Council Regulation on EU Designs), enacted in October 2024, clarified that virtual objects can be protected without particular limitations. Protection is extremely broad.

1. Classification and identification of goods/services in virtual spaces Examination practice in different countries and regions shares the following understanding. “Virtual goods” alone is unclear in scope; the relevant content must be specifically identified, as in “downloadable virtual clothing.”

1. Metaverse space and the current IP system JPO guidance: Protection may extend to “programs that function similarly in both real and virtual environments (games, etc.),” but in principle does not extend to merely imitating, in virtual space, an article characterized by its shape.