[Article / Patents] Working an invention in the metaverse / Can “working” in virtual space be regarded as “working” in the real world? (Tadashi Matsushita, Patent, 2025 Supplement No. 31)

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Article information

Article type: Publication review

Display and classification checked: 2026-09-30

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? (Tadashi Matsushita, 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

https://lnkd.in/gjfRCaPZ

https://lnkd.in/gtrsF7Aw

メタバースにおける発明の実施 — jstage.jst.go.jp

Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:activity:7510492293020209152/

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Further reading — [Article / Patents] Cross-border patent infringement in the IoT era (Takeshi Maeda, Patent, 2025 Supplement No. 31)

Further reading: use and working of inventions — [Publication review] [Article / German Patents] Considering “use” as an act of working, in comparison with German patent law (Hiroshi Takahashi, Patent, May 2025)

Updates and corrections

This log starts on 30 September 2026. Display and classification checks are distinct from a review of the legal analysis.

2026-09-30 — Presentation update: added the article type, this change log and a link to consultation options. The existing article text was preserved.

2026-10-01 | Related articles: added reciprocal links with shared-topic or comparative grounds; original text unchanged.

2026-10-01 | Name notation: replaced verified Japanese-script personal names with Roman-letter forms in this English article and its navigation. Legal analysis and original publication date unchanged.

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