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July 24, 2023
John Rizvi, Esq.

Special Rules for Getting a Patent on New Technologies: Crypto, NFTs, Metaverse, AI, Robotics

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Our question comes from Julio. And Julio. Question is, are there any special patent rules for the up and coming? Metaverse,

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crypto NF T's robotics and AI technologies? Okay, well, so that's a whole handful of different technologies. And every time there's a new type of idea that comes out, people are always questioning whether patents apply to them. I mean, they said that would originally would software ideas like can you get patents on software? Originally, there were concerns about automotive patents, airplane patents, it doesn't matter. But the laws regarding patenting are fairly simple. And because I'm a professor, I'm used to the whiteboard, but we'll improvise here. And Gabi is going to be helping by putting some terms into the, the chatbox, as well. Anything can be patented, as long as it meets one of four statutory categories. And the first is that it's a machine. So anything that that's a machine, you can get a patent on it, you have to meet certain requirements, a machine article of manufacture. Abby, you can you can type that in, because no one can read my scribble scratch article of manufacture a composition of matter. And the fourth one is a process. So a machine article of manufacture or composition or a process. These are the four statutory categories that can be patented. Now you might wonder, so what is what is Bitcoin? What is cryptocurrency and nfts, robotics technologies, artificial intelligence, all of these fit under the category of processes. And the same way that software patents are issued. You can get patents on something in the metaverse, you have to fit these categories. But then in addition to this, there's there's three additional requirements. And the first one is novelty. So that's, that's critical. So you have to have novelty in order to get protections. So if you want to put that in into the chat, Gaby perfect for novelty. And then the second is utility. The idea has to be useful. And third is non obviousness. So once you meet those three requirements, then you have what's needed for patentability, utility, novelty, and non obviousness. All of these different categories qualify. But I do want to kind of make clear right now that your idea does not have to be hyper complicated. There's this myth out there that in order to get protection on an idea, you have to have like, you know, like, like be a rocket scientist. So you've got to have like a few guys remember the the flux capacitor from Back to the Future, some something that helps with time travel. I have a couple of examples here that I just want to bring up real quick because it ties in to this with this question on crypto and NF t's a lot of people are not familiar with these, these new developments. But an idea that can be patented can be as simple as a cardboard sleeve. Jay Sorensen is an inventor that patented this idea and licensed it for over 20 years, with royalty payments of over a million dollars a year for something that's simple. So simple ideas are clearly patentable. The Post It note is another example. I mean, here's a simple note. It's paper with removable glue. And it's absolutely protectable as a patent. So these are two simple ideas. So yes, Metaverse, crypto nfts, robotics, artificial intelligence, all of that can be patented. You have to meet those requirements, novelty utility, non obviousness, and they have to fit within one of the four statutory categories. If you have an idea, and you're not sure, if it does qualify, then what you can do call my office schedule consultation. There's no cost for that. And I will personally go over the idea. I'll let you know if it's patentable and if it's something that can be protected. So that's, that's a great question. Julio. I'm glad you asked. Even though your ideas are a little more complex, it gives me a chance to point out it's not the not the simple ideas like the post it note

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