Proceedings of the Annual Conference of JSAI
Online ISSN : 2758-7347
34th (2020)
Session ID : 1F5-OS-4-02
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The Protection of Data by Patent Law
Data and the Invention relating to Software
*Makoto KOIKE
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CONFERENCE PROCEEDINGS FREE ACCESS

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Abstract

Data per se is not the subject matter of the patent law. A computer program for processing the data and an artificial intelligence produced by machine learning with the supervision of the data, however, are the subject matter of the patent law. In Ikinari Steak Case(Intellectual Property High Court on Oct. 17, 2018, Heisei 29 (Gyo Ke) No. 10232), the issue involves whether a computer prorgram for business use is the subject matter of the patent law, and the IP High court in Japan broadly interprets the relevant provision so that a process for providing a steak is determined as the subject matter of the patent law of Japan.

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© 2020 The Japanese Society for Artificial Intelligence
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