Intellectual Property Protection for Video Games and Virtual/Augmented Reality

Summary

This practice note addresses intellectual property protection of video games, as well as virtual reality, augmented reality, and mixed reality (together, extended reality). The note provides guidance on the unique questions raised concerning the intellectual property in video games and their constituent elements. It suggests strategies for drafting video game-related patent applications and handling copyright issues pertaining to video games—including copyrightability, piracy, and emulation. The note also covers patenting extended reality, addressing how to describe extended reality concepts in patent applications, problems arising around novelty and non-obviousness, and claim drafting strategies for extended reality inventions.