The talk about the metaverse hasswept the world in recent years. Especially under the impact of the Covid-19 pandemic,the demand and development of the virtual space of the metaverse have beenaccelerated. Therefore, how to identify and assert intellectual property rightsrelating to the metaverse will be a topic of concern to major companies andlegal professionals in the future.

According to Paragraph 2 of Article121 of the Patent Act, for computer-generated icons and graphic user interfaceapplied to an article (hereinafter “image design”), an application may also befiled to obtain a design patent. Moreover, according to the Patent ExaminationGuidelines, which expands the scope to which image design is applicable toinclude “computer program products,” digital designs used to display virtualspace in the metaverse, including space appearance, virtual items,human-machine interface, can be protected by applying for design patents forimage design. However, it should be noted that the object to which the designapplies must be recorded as “computer program products” rather than physical objects.

With respect to substantiveexaminations, metaverse design patents should still meet the three major requirementsof industrial application, novelty, and creativity. Among which, creativity isthe key to obtaining a design patent. It should be noted that if the design issimply transferring a space design or item appearance to the virtual world, suchdesign may be considered a design that can be easily conceived and thus notcreative.

Lastly, with respect to the scope ofmetaverse design patents, since the applicable objects for such patents need tobe restricted to “computer program products” at the beginning of the patentapplication, the scope of protection of such patents is also limited to thevirtual appearance produced by computer programs and not applicable to physicalappearance. If one intends to apply physical creations to the virtual space of themetaverse, it is recommended to apply for design patents for both the physicalappearance and the virtual appearance at the same time so that the protectionof the design patent may be perfected.

‍