Intellectual Property in the Metaverse: Rethinking Patent Law for Virtual and AI-Generated Innovations

Abstract

The rapid expansion of the Metaverse—a vast, interconnected system of AI and blockchain technological innovations and 3D virtual spaces with real-time human interactions—has started to change human relations, work, and human creativity. However, India’s patent legislation has primarily focused on mechanical and tangible inventions, which ignores the pressing need to conceptualize legislation for virtual and AI inventions. This article considers innovations in the Metaverse in the context of India’s patent system, particularly how the phrase “computer programs per se” in the Section 3(k) of the Patents Act, 1970, and the global discourse on AI-driven inventorship intersects. This article refers to the notable Indian case Ferid Allani v. Union of India and the recent software patenting cases, the article analyzes how courts have begun to change the interpretation of “technical effect.” This article also argues for the need of Indian legislation to adapt for AI-guided inventions and the need to retain human agency. This paper proposes several pragmatic policy initiatives to for India, including the clarification of Section 3(k), the formation of patent examination AI and Metaverse focused examination cell, and fostering collaboration between courts and patent examiners to strengthen India’s patent policy in the digital age.