인공지능 및 빅데이터 시대에서의 데이터 구조 (data structure)의 발명으로서의 성립성 및 진보성 판단

Data structure refers to a physical or logical relationship between data designed to store, manage, and manipulate specific data under a certain structure. As big data becomes more important in the age of artificial intelligence and chat GPT, data structure inventions have also become more important. Accordingly, in this article, in order to propose legal principles for judging eligibility and inventive step of a data structure as an invention, US and European legal principles, which have been established to some extent, were analyzed. As a result of the analysis, this article proposes the following jurisprudence. First, printed matter, information or data structure itself does not satisfy eligibility requirement, and furthermore, simply combining it with a recorded medium or computer does not satisfy eligibility requirement. Second, if the data (information) structure has a functional relationship with the computer or recording medium on which it is recorded, eligibility requirement can be satisfied. For example, eligibility requirement may be satisfied when technical performance such as processing speed, storage efficiency, search speed, and security increases as a result of a specific structure of the certain data. Third, eligibility judgment method for a data structure is similar to that for a software program in many respects. A number of cases in which eligibility of a program is judged will be helpful in determining eligibility of a data structure. Fourth, our practice of directly judging inventive step without judging eligibility of a claim on data structure invites criticism. An active attitude is required to judge eligibility first. Fifth, in the case of claiming a data structure, in addition to a method invention, a product invention must also be claimed for thick protection as right.