In recent years, virtual spaces such as the metaverse have developed rapidly, and designs used in these environments have become increasingly important.
Under the current Design Act in Japan, while certain “graphic images” may be protected if they meet specific requirements, “articles” or “buildings” that are merely displayed in virtual space are not eligible for protection.

What Can Be Protected?

	– Sofa as a physical object	Protectable
	– Sofa displayed or used in virtual space	Not protectable
	– Sofa represented as a “Graphic image”(icon/interface)	Protectable, under certain conditions

Requirements for Registering “Graphic Images”

To be eligible for protection as a “graphic image,” the design must fall into either of the below two categories.

Category 1. Images used to operate devices

e.g., Graphic image for playing music

Category 2. Images displayed as a result of a device function

e.g., Image displaying medical measurement results

How to File Design for Virtual Space

Using a 3D pen-shaped icon used for drawings in a virtual space as an example, the following three points should be noted.

		[Title] Image for Icon (*1) [Description (*2)] This is an image for an icon, used for drawing in virtual space. By selecting this image in the virtual space and moving the controller held in the hand, the user can draw lines in the virtual space along the movement, as shown in the [Reference figure showing the state in use] (*3).
[Left side view]	[Reference figure showing the state in use] (*3)

(https://www.jpo.go.jp/system/laws/rule/guideline/design/document/kaso-gazo-guidebook/guidebook.pdf)

Point 1. Title the subject design “Image for Icon” or “GUI” instead of “Pen.” (*1)
Point 2. Describe the specific purpose and function of the image. (*2)
Point 3. Add a reference figure showing the state in use (*3), if possible, to clarify the purpose and function.
    　

Only a Few Registered Examples

As only a limited number of “graphic image” designs have been registered for use in virtual spaces to date, it is important to prepare drawings and descriptions carefully in accordance with the Examination Guidelines. Whether you are preparing to launch a virtual product or simply exploring the possibilities of virtual design protection, we would be happy to assist you—especially if you plan to file in Japan after an overseas application.
When seeking protection for objects in virtual space, please do not hesitate to contact us.