데이터마이닝(TDM)과 특허권의 효력제한

Data obtained by the implementation of data generation and collection method patents (data patents) is an information material that is subject to commerce, and is processed into a data structure and traded. In the case where a third party performs data mining without the permission of the patent holder, the issue arises in relation to whether such act violates data patent rights. Article 96 of the Patent Act stipulates that the effect of a patent right is limited when a patented invention is implemented for testing or research activities, but it is not clear whether data mining corresponds to testing or research activity, and there is another issue that new industries applying AI with data cannot be promoted more actively. To solve this issue, it is necessary to review a revised plan that requires data mining to be included in testing or research activities. In addition, in order to strengthen the protection of data patent holders, Article 129 needs to be revised so that the estimation regulations of production methods can be applied by considering data generated by the implementation of generation and collection method patents as objects or media. It is also necessary to further consider revising Article 2, Paragraph 3 so that data is included in objects that fall within the scope of the invention of the object.