[Article / Patents] Working an invention in the metaverse / Can “working” in virtual space be regarded as “working” in the real world? (松下正, Patent, 2025 Supplement No. 31)
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Categories: Patents
Topics: Metaverse / Working of inventions
Published on this website: 2026-09-29
[Article / Patents] Working an invention in the metaverse / Can “working” in virtual space be regarded as “working” in the real world? (松下正, Patent, 2025 Supplement No. 31)
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.
Cf. Under trademark law, similarity of goods as image data is at issue; under design law, the requirement of being an article is an obstacle.
2. Extension beyond computer-software-related inventions (tangible objects)
Where inventions such as physical “drugs” or “writing instruments” are represented in virtual space, mere image data does not constitute working. However, exceptions may arise where there is an “effect on the real world.”
(1) Intervention of a haptic device: A “writing instrument shaped to fit the hand” is used in virtual space through gloves with tactile sensors, and the real user can experience its effect.
(2) Realization of function: A technical idea contributes beyond image data to solving a real-world problem, as in a service measuring a real user’s eyesight with a virtual “eye chart.”
Working an invention in the metaverse
Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:activity:7510492293020209152/
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