opinion

The Real Patent Benefits for Virtual & Augmented Reality

The Real Patent Benefits for Virtual & Augmented Reality

As all of us in the adult industry know, virtual reality and augmented reality technologies are going to play a major role in the future of porn and pleasure products. Major advancements are being made in online porn platforms that involve VR, AR, web camming, or other tech. Companies that are developing inventive solutions should consider how patents can give them an edge in this vastly growing marketplace.

Novel technologies (as opposed to naturally-occurring phenomena) are protectable by patent. Many facets relating to VR or AR porn may be patentable. For example, an improved VR camera, an improved system of stitching images or an improved method of synchronizing sex toys to VR porn videos are just a few examples.

It can be a big boost in revenue to have a capability, unique to your platform, that competitors are prevented from using.

A patent is a document granted by a country’s government to a person or company giving the owner the exclusive rights to an invention for a period of time, usually 20 years. These rights include the ability to make, use, sell and import the invention.

Patents are national, or in some cases regional, in scope, meaning that a patent is valid in the country (or nations of the region) in which is it granted. Accordingly, if you would like protection in many different countries, you have to file in each of those countries or regions. There are some international treaties, such as the Paris Convention, the Patent Cooperation Treaty, the European Convention and the Hague Agreement that can help make the process more efficient for international filing.

It’s important to create a strategy around which markets you believe you’ll get the biggest “bang” for your buck, so to speak, as budgeting is crucial since it’s a big world out there. When making that decision, you’ll have to look at the costs of the patent process, as compared to the size of each market, the legality of porn/sex toys in the area and how strongly each of the countries enables enforcement of intellectual property.

In the United States, the process for obtaining a patent starts with an applicant’s submission of a patent application to the U.S. Patent & Trademark Office (USPTO). The USPTO reviews the application, and allows it or rejects it. A rejection may argue that the technology is not novel, or is obvious based on what has come before it. Most of the time, at least one rejection is issued. This is because getting the best “claim scope” (i.e. the broadest possible rights) is like a negotiation where you might settle in the middle somewhere in between what you originally asked for and what the patent office is initially willing to agree to. It may take a couple of rounds back and forth with the patent office to get to an allowance. Once allowed, you pay an issue fee, and a patent is granted.

The procedure for attaining a patent abroad is relatively similar in many respects to the routine I’ve outlined here in the U.S. The process can take years, but there are some ways you can fast-track it if you so desire. We’ll leave that hot topic for another day though.

Patents can help you monetize the hard work and risk you put into research and development for innovations. It’s essential to remember however that, unlike in a criminal proceeding where the government prosecutes a defendant, in a patent dispute, it is up to the patent owner to prosecute a lawsuit against an infringer. So, getting a patent is not the end of the road, but instead, is an important first step on a long path to building your business. Hopefully, that path is fruitful along the way, and the rewards reaped far outweigh the costs.

A tip for preserving those possible returns is to maintain confidentiality of your invention as required by applicable patent laws. Although I know it’s hard not to scream it from the rooftops (like during a fantastic orgasm), it’s extremely imperative to keep any innovation secret and not enable it for use on your platform until you get a patent application on file. In some countries, you have one year from your first public disclosure/use to file for a patent. In others, any public disclosure prior to filing can mean you are no longer entitled to valid patent rights.

If your online business is involved in pushing the bounds of technology in VR, AR, camming or another technology, keep these pointers in mind. It can be a big boost in revenue to have a capability, unique to your platform, that competitors are prevented from using. And hey, just like sex, who wouldn’t want more … money, right??

Disclaimer: The content of this article constitutes general information, and is not legal advice. If you would like legal advice from Maxine Lynn, an attorney-client relationship must be formed by signing a letter of engagement with her law firm. To inquire, visit Sextech.Lawyer.

Maxine Lynn is an intellectual property (IP) attorney with the law firm of Keohane & D’Alessandro, PLLC, having offices in Albany, New York. She focuses her practice on prosecution of patents for technology, trademarks for business brands and copyrights for creative materials. Through her company, Unzipped Media, Inc., she publishes the Unzipped: Sex, Tech & the Law blog at SexTechLaw.com and the Unzipped: The Business of Sex podcast at BusinessOf.Sex.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

opinion

From Compliance to Confidence: The Future of Safety in Adult Platforms

In numerous countries and U.S. states, laws now require platforms to prevent minors from accessing age-inappropriate material. But the need for safeguarding doesn’t end with age verification. Today’s online landscape also places adult companies at uniquely high risk for inadvertently facilitating exploitation, abuse or reputational harm, or of being accused of doing so.

Andy Lulham ·
opinion

What Adult Businesses Need to Know About Florida's Age Verification Law

The rise and proliferation of age verification laws has changed the landscape for the online adult industry. A recent and compelling example is the state of Florida, where Attorney General James Uthmeier has filed multiple complaints against major platforms as well as affiliates accused of violating the state’s AV law.

Corey D. Silverstein ·
opinion

Maintaining Brand Trust in the Face of Negative Press

Over the last year, several of our merchants have found themselves caught up in litigation over compliance with state age verification laws. Recently, Segpay itself was pulled into the spotlight, facing scrutiny over Florida’s AV statute, HB 3. These stories inevitably get picked up by both industry and mainstream news outlets.

Cathy Beardsley ·
opinion

How to Switch Payment Processors Without Disrupting Business

For many merchants, the idea of switching payment processors can feel pretty overwhelming. That’s understandable. After all, downtime can stall sales, recurring subscriptions can suddenly fail, or compliance gaps can put accounts at risk. Operating in a high-risk sector like the adult industry can further amplify the stress of transition.

Jonathan Corona ·
profile

WIA Profile: Katie

Katie is the ultimate girl’s girl. As community manager at Chaturbate, she answers DMs, remembers names, and shows up for creators and fellow businesswomen when it counts. She’s quick to credit the people around her, and careful to make space for others in every room she enters.

Women in Adult ·
opinion

How to Stay Legally Protected When Policies Get Outdated

The adult industry has long operated in a complex legal environment subject to rapid change. Now, a confluence of age verification laws, lawsuits, credit card processing and data privacy rules has created an urgent need for all industry participants — from major platforms to independent creators — to review and potentially overhaul their legal and operational policies.

Corey D. Silverstein ·
opinion

From Compliance Chaos to Crypto Clarity: Making the Case for Digital Payments in Adult

These are uncertain times for adult merchants. With compliance tightening and age verification mandates rising, the barrier to entry keeps getting higher.

Cathy Beardsley ·
opinion

Real-Time Insights to Streamline E-Payments and Stop Lost Sales

A slow checkout process is more than just annoying — it’s expensive. In a high-risk sector like the adult industry, even small delays or declined transactions can cost businesses thousands in lost revenue every month.

Jonathan Corona ·
profile

FSC's Valentine Leads Charge for Sex Worker Rights and Financial Access

Before ever stepping into a courtroom, Valentine already understood the power of presence. After all, they’ve shimmied on stages as a burlesque performer, consulted behind the scenes for creative businesses and moved through the adult industry not just as an advocate, but as a participant.

Jackie Backman ·
opinion

Breaking Down HB 805 and How it Affects the Adult Industry

North Carolina House Bill 805 was enacted July 29, after the state legislature overrode Governor Josh Stein’s veto. The provisions that relate to the adult industry, imposing requirements for age verification, consent and content removal, are scheduled to become effective Dec. 1. Platforms have until then to update their policies and systems to comply with the new regulations.

Corey D. Silverstein ·
Show More