The Relationship between the Metaverse and Design Patents in Taiwan (Part II) - How to apply the Metaverse design patent application?

[ October 27, 2022 ] >Back
Further to our previous article regarding whether a Metaverse design patent can be filed, this article now provides a brief concept about how to apply a Metaverse design patent application in Taiwan according to the TIPO's report.

Part II- How to apply the Metaverse design patent application?

In light of the fact that there are few cases of Metaverse-related design patent applications filed both domestic and abroad, this report collects some applications which could be roughly separated into three types: “virtual space”, “virtual item”, and “human-machine interface” as described below:

Virtual space indicates a space appearance in the metaverse concept, which can be applied in the same way as interior designs.

Virtual item indicates the items in virtual space, such as NFT, game treasures, etc., which can be applied in the same way as a normal design.

Human-machine interface indicates a bridge between the user and the Metaverse within all control operations happening in the interface, which can be applied in the same way as a GUI design.

The following table provides examples of Drawings corresponding to the above three types:

In short, there are still some precedents we can follow regarding how to depict the drawings to be eligible for Metaverse digital design application. One thing that should be noted is the applied article must be recorded as “computer programmed product” instead of “physical product” in the title or description of the specification, such as “augmented reality globe” rather than “a globe”. The concept is similar to the classification of goods and services for trademarks. According to the practice of recent US design patent judgments, the title and the description of the design plays an increasingly important role in the explanation of patent rights.