Extended Reality And Challenges In Patent Prosecution And Litigation

The word “extended reality” (XR) refers to all immersive technologies, including augmented reality (AR), virtual reality (VR), and mixed reality. (MR). It involves a combination of human and computer-generated graphics interaction using specially designed hardware and software. Companies across the world are investing in this innovative tech that promises to revolutionize the way humans work, play, and learn in the future. However, while technology is advancing at breakneck speeds, the legal system for checks and balances is finding it hard to keep up. XR technologies have already begun posing issues to which the IP laws have no definitive answers.  

Patent Prosecution  

In XR, the scope of patent protection includes the software algorithms as well as the hardware that provides the display. In countries like the USA, a first-to-file system is followed, which favors the inventor who files their application first with the patent office. Therefore, companies seeking IP protection for XR tech must file for patents at the earliest. Any delays could mean losing out to competitors in obtaining a patent. However, it must be remembered that the quality of the patent application is not compromised in the process. A patent application that lacks quality can present validity challenges in the future, therefore, one must always proceed with caution when filing a patent.  

The area of patent claims is another problematic zone for inventors. Patent claims describe the extent of an invention’s protection. At present, two major issues confront companies. First, is that the patent protection granted to physical embodiments of a product does not extend to the virtual world. For example, a Rubik’s cube is a novel invention that includes internal springs as a limitation. But in a digital Rubik’s cube, this component is lacking, and hence the online Rubik’s cube will not be considered an infringement.   

Second, is the extent of coverage provided by claims. As technology continues to evolve, there may emerge applications of patented technology that one cannot foresee, and which do not amount to infringement. It is therefore becoming increasingly important to draft claims that are extensive in nature in order to expand the protection coverage.

Patent Litigation 

As more companies seek to enter the domain of XR technology to reap its potential benefits, they must tread with caution. There are a plethora of pitfalls surrounding patent prosecution and litigation in this domain. It is best to be fully aware of the challenges that lie ahead and be prepared to counter them. Hiring the right patent lawyers who are well-versed in the intricacies of XR tech is a step in this direction. They can help companies draft appropriate claims, as well as utilize existing patent laws to their advantage. It remains to be seen how the legal system evolves to incorporate the novelty bought in by new technologies. Till then, the onus of protecting their IP lies with the owner.