Into the Patentverse Vol. 2: AR, VR, and Virtual Infringement

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We’re slipping our headsets on and heading back into the Metaverse! Earlier this year, we began our foray into this world with a deep dive into the building blocks that could very well form the structural and economic underpinnings of the Metaverse by exploring the tech concepts and IP implications surrounding Web 3.0, blockchain, cryptocurrency, and NFTs. Today we build on this, by expanding our conversation into the most likely interfaces for the Metaverse, as well as how patentability and infringement could play out as we meld innovations between the physical and digital realms.
In this month’s episode, Kristen Hansen, Patent Strategist and software patent guru here at Aurora, leads a discussion along with our all star patent panel, exploring questions including:
⦿ What is the Metaverse?
⦿ How do virtual and augmented realities fit in?
⦿ And what does infringement look like in the Metaverse or what might it look like in the future?
Along the way, the group also shares some great tips for drafting claims around the virtual world to get around physical world prior art, as well as some pointers for avoiding divided infringement for processes that are performed in a distributed manner – as will almost always be the case with Metaverse-based innovations.
Kristen worked on VR and AR patents for nearly a decade, including those held by some of the Valley giants looking to define the space. We honestly couldn’t think of a better person to lead this conversation. Kristen is also joined today by our always exceptional group of IP experts including:
⦿ Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora
⦿ David Jackrel, President of Jackrel Consulting
⦿ Ty Davis, Patent Strategy Associate
​⦿ Dr. Sophia Li, Patent Strategy Fellow
Before joining the group, as we often do, we’d like to provide a short primer on some key concepts in this episode for those newer to the world of patenting. This primer covers:
⦿ Method vs. Apparatus Claims
⦿ Doctrine of Equivalents

** Resources **
⦿ Show Notes: https://www.aurorapatents.com/blog/into-the-patentverse-vol-2-ar-vr-and-virtual-infringement
⦿ Slides: https://www.aurorapatents.com/uploads/9/8/1/1/98119826/2022_psm_metaverse_ii.pdf
** Follow Aurora Consulting **
⦿ Home: https://www.aurorapatents.com/
⦿ Twitter: https://twitter.com/AuroraPatents
⦿ LinkedIn: https://www.linkedin.com/company/aurora-cg/
⦿ Facebook: https://www.facebook.com/aurorapatents/
⦿ Instagram: https://www.instagram.com/aurorapatents/

And as always, thanks for listening!
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Note: The contents of this podcast do not constitute legal advi

Kapitler

1. Intro (00:00:00)

2. Patent Primer (00:01:56)

3. Method and Apparatus Claims (00:02:04)

4. Doctrine of Equivalents (00:03:37)

5. Why the metaverse matters now (00:04:25)

6. Pro Tips: IDS Black Hole at the PTO (00:06:40)

7. Pro Tip: Making PCT changes before National Phase (00:10:35)

8. Icebreaker: Name that Patent (00:11:22)

9. Overview (00:12:08)

10. What is the metaverse? (00:12:25)

11. Rules of the Metaverse (00:18:40)

12. Virtual Reality vs. Augmented Reality (00:19:53)

13. What is virtual reality? (00:20:05)

14. What is augmented reality? (00:20:20)

15. Tips for drafting claims for the metaverse (00:21:45)

16. Virtual Patent Infringement in the Metaverse (00:24:20)

17. Tips for avoiding split infringement (00:26:45)

18. Virtual Patent Infringement in the Metaverse: Apparatus Claims (00:35:39)

19. Virtual Patent infringement: Doctrine of Equivalents (00:44:01)

20. Crown Packaging Technology, Inc. v. Rexam Beverage Can Co. (00:46:10)

21. Design Patent Implications (00:55:54)

22. Outro (01:01:06)