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 © 2026 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

profile

Clips4Sale's Christy on Backing Creators and Fueling Growth

Understanding the industry from within goes beyond data. For Christy, Manager of Creator Experience at Clips4Sale, that insight is shaped by front-line conversations and years spent listening not just to trends, but to people.

Women In Adult ·
opinion

Breaking Down AI-Powered Moderation and Platform Safety

Adult platforms, including content sites, cam services and dating apps, consistently face a range of high-risk challenges. These include verifying consent, particularly for user-uploaded content, addressing non-consensual material such as leaks and so-called revenge porn, and ensuring effective age verification and protection for minors.

Christoph Hermes ·
opinion

How to Optimize Subscription Billing for Compliance and Stability

The Federal Trade Commission’s “click to cancel” rule is coming back around. Last year, a federal appeals court vacated the FTC’s Negative Option Rule, aimed at addressing deceptive or unfair practices and making it easier for consumers to cancel online subscriptions.

Jonathan Corona ·
opinion

Key Strategies for Streamlining Payment Processing Approval

Why is it taking so long to get my account approved? It's frustrating for everyone involved, but it's all part of the process. Over the past year, timelines have stretched to 60 days or more for merchants to complete onboarding, from internal compliance review to banking partner approval and final card brand registration.

Cathy Beardsley ·
opinion

What to Know About Alabama's Regulatory Push on Adult Content

Over the past two years, Alabama has quietly but aggressively transformed itself into one of the most restrictive and unfriendly jurisdictions for the adult entertainment industry. Through the enactment of House Bill 164 and related enforcement mechanisms, the state has layered taxation, compliance burdens and content restrictions in a way that goes far beyond traditional regulation.

Corey D. Silverstein ·
profile

Chaturbate's Emely Zuniga Talks Show Floor Magic and Creator Care

During industry events, you’ll likely find Zuniga gliding through the room, greeting creators, checking details and making sure everyone around her feels taken care of. With her colorful red hair, perfectly done nails and an easygoing, “work bestie” demeanor that instantly puts people at ease, she thrives in the fast-paced environment of conferences and trade shows.

Jackie Backman ·
opinion

What to Know About Deepfakes, Likeness Rights, and Digital Consent

AI is reshaping virtually every sector of the global economy, and the adult industry is no exception. Many adult companies have already explored or adopted AI in content production, and surveys indicate that around 65% have considered implementing AI technologies in their operations.

Christoph Hermes ·
opinion

Key Strategies for Adapting to Stricter PCI Compliance Standards

When it comes to PCI compliance, the days of simply filling out some paperwork and answering a few questions are gone. A casual approach is just not viable anymore.

Jonathan Corona ·
opinion

How to Maximize Value From Your Payment Processing Fees

Regulatory requirements are putting more and more pressure on the adult industry. To stay compliant, merchants need tools that help with content moderation, age verification and fraud solutions. Unfortunately, the fees for those tools are hitting merchants’ bottom lines — including fees charged by payment services providers.

Cathy Beardsley ·
opinion

Understanding Sin Taxes and the Legal Roadblocks Ahead

As of this writing, a bill sits on the desk of Utah’s governor, awaiting his signature to make it state law. That bill includes a provision imposing an excise tax of 2% on adult sites operating in the state.

Corey D. Silverstein ·
Show More