AI발명에 있어서 데이터의 물건특허 인정방안

These days, various and special data are collected through sensors, cameras, or websites, and the data is accumulated, edited, stored, and managed. Data is not of great value simply by holding it, and high value can be created by using it for actual AI application businesses through processing and analysis. These data are very important components of the realization and implementation in AI inventions. In AI inventions, the technological concept to create a data structure for learning to process and learn data(origin data), derive optimal learning completion models(business models) by deep learning, and obtain final products(creation) by entering input data required for business purposes in that business model, is the main point. As such, the issue is whether data, which is an indispensable component of AI invention, can be protected by designating it as a patent target. In order to obtain a patent related to data under the current Patent Act, it should be described as (i) a generating method(method invention), a generating device (product invention) of data(data structure), (ii) methods and devices consisting of steps or means using data, (iii) a computer readable medium recording data having A structure, …. To learn and implement AI inventions, it requires data with a specific logical structure, not just data, and there is a case where ideas are embedded in those data. If the data with the idea is described at the end of the claim in claims, under the current patent law, data does not correspond to the product invention and there is no formality(validity) of invention and therefore it cannot be patented. Therefore, for effective patent protection of data, which is an important component of AI invention, it is necessary to stipulate that data is included in the products under Article 2-3 of the Patent Act, or to amend the examination criteria to be able to designate data as the product invention in claims such as the product invention of the program.