[1F5-OS-4] OS-4

[1F5-OS-4-02] The Protection of Data by Patent Law

Data and the Invention relating to Software

〇Makoto Koike^1,2 (1. Micro Patent Office, 2. Makoto Koike Microwave Research Institute)

Keywords:data, patent law, subject matter

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.