UC Santa Barbara Undergraduate Law Journal: Volume 1

Page 13

Patents in Virtual/Augmented Reality: Discussions in Software Patents Hae Chan Park Edited by Gwen Ha Hae Chan is from the Bay Area. He is a freshman at UC Santa Barbara studying Electrical Engineering. He plans on pursuing law school after achieving his undergraduate degree, eventually culminating his career in his goal of becoming a patent/IP lawyer.

ABSTRACT The metaverse, a general term used to encompass various virtual reality platforms, is a relatively new technological concept in the realm of patents. Regardless, numerous companies believe in the untapped potential of cyberspace as a business, resulting in patentees finding interest in the medium. This article will cover the aspects of U.S. law that influence the patents within virtual reality by reviewing sections of the United States Code that explore patents. After establishing current codes regarding patent eligibility, major events, and landmark cases regarding patents in virtual worlds will be examined. Contemporary examples of virtual/augmented reality-related patents will then be discussed. Current precedents and their implications for the metaverse will be considered. Historically, patents have generally focused on patent-eligibility through hardware means, even with software patents. However, recent history in patents involving virtual reality has circumvented this trend, being nearly entirely virtual and software-based, implying that future metaverse patents will not require unique hardware aspects. INTRODUCTION 12


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