★★★ ＜第23回知的財産翻訳検定試験【第11回英文和訳】＞ ★★★
≪１級課題 -知財法務実務-≫【解答にあたっての注意】
１．問題の指示により和訳してください。
２．解答語数に特に制限はありません。適切な箇所で改行してください。
３．課題文に段落番号がある場合、これを訳文に記載してください。
４．課題は２題あります。それぞれの課題の指示に従い、２題すべて解答してください。

問１

下に示す英文は、拒絶の決定を受けたヨーロッパ特許出願について請求された審判事件における審決から抜粋したものです。この英文の下線を付した部分を日本語に翻訳してください。なお、下線部に含まれる語句、T1543/06 (Gameaccount)と、T0641/00(OJ EPO 2003, 352)は、日本語に翻訳せずそのまま転記してください。

問題文ここから→（前略）
Reasons for the Decision

1.

The appeal is admissible.

2.

Background, and "mixed" inventions

2.1

The present invention concerns an online poker game. One of the problems with aconventional online poker is boredom (see published application, page 2, third paragraph).
Active players must await their turn, even if they have decided to resign from the particular1

round of the game, that is "to fold". Then they must wait until the round comes to an end
before joining a fresh round at the same table. To reduce the time players are inactive it is
known for players to play at two or more different tables simultaneously. This reduces theirboredom, but it is not seamless in that they may be active at more than one table
simultaneously. Furthermore, they may still get bored because the player may be inactive at
both tables (see published application, paragraph bridging pages 2 and 3).

2.2

An aim of the invention is to reduce the time a player is inactive (publishedapplication, page 4, second complete paragraph). To this end, one idea of the invention is toallow players to decide to fold before their turn arrives and immediately move them to a newtable so that they can seamlessly continue playing (page 5, middle paragraph, page 9, firstfull paragraph, page 20, lines 6 to 11 and claim 1).

2.3

It is not disputed that the method of claim 1 includes subject matter related toschemes, rules or methods for playing games. For example, the method step of providing
players with one or more cards is anchored in the rules of all poker games. This subject
matter, as such, is excluded from patentability under Articles 52(2)(c) and 52(3) EPC.
However, claim 1 also includes technical features: it is, inter alia, a computerised method ofcomputer gaming operating in a communications network. Therefore, claim 1 possesses
overall technical character (following T0258/03 OJ EPO 2004, 575), even if it is "mixed"(with both technical and non-technical aspects).

2.4

In dealing with such "mixed" inventions, the Board adopts the approach as set out inT1543/06 (Gameaccount), reasons 2.1-2.9, which is based foremost on T0641/00 (OJ EPO
2003, 352). Thus, only those features that contribute to technical character are to be taken
2into account when assessing inventive step. That requirement cannot rely on excluded(nontechnical) subject matter alone, however original it may be. The mere technicalimplementation of something excluded cannot therefore form the basis for inventive step. A
consideration of the particular manner of implementation must focus on any further
technical advantages or effects associated with the specific features of implementation overand above the effects and advantages inherent in the excluded subject-matter. In the present
case it is necessary to consider what claimed aspects are non-technical, how they have beentechnically implemented, and whether such implementation is inventive over the prior art.

2.5

The Board considers game rules to form part of "...a regulatory framework agreed

between players and concerning conduct, conventions and conditions that are meaningful
only in a gaming context. It is important to note that it is normally so perceived by theplayers involved, and as serving the explicit purpose of playing a game. As such an agreed
framework it is a purely abstract, mental construct, though the means for carrying out thegame play in accordance with such a set may well be technical in nature", See T0336/07,
reasons 3.3.1. As noted in T0012/08, reasons 4.6, game rules "form the abstract formal
structure of a game describing the interplay between player actions and the choices offeredwithin the game." A set of game rules thus determines, inter alia, how game-play evolves
from beginning to end in response to player actions and decisions and the goals to beachieved to conclude game-play.

（中略）

4.

Following the problem-solution approach, the Board must now develop the problem tobe solved. It may well be that the above rules have the effect of increasing the number of3

games a player plays or hands per unit time or play rate, and that consequently the gaming
server is more active. However, any such effects are directly derived from the rules
themselves. In particular, an increase in hands per unit time is a direct consequence of thesecond rule which has the player moved to a new table as soon as they decide to fold, rather
than waiting till the end of the round. Likewise, it is the game rules that link the foldrequest and the compulsory move to another table, so that the former triggers the latter.
This "single trigger" and concomitant reduction in data transfer are thus inherent in thegame rules. Any such enhanced operational aspects of the modified gaming system are thus
inevitably realized as a bonus effect of the implementation of these game rules on a gaming
system.

Instead of providing a purely technical solution to increasing player throughput or
more efficiently using a gaming server, the differing features offer a gaming solution which
effectively circumvents the problem by changing the rules. It is these new rules that may
increase player throughput and thus may make better use of the gaming server, similar to T
258/03, reasons 5.7. Therefore, adopting the approach outlined above (point 2.4), theobjective technical problem cannot be derived from these effects.

Rather, inventive step is seen to lie in the particular manner of implementation of
the above game rules. The technical problem is then formulated accordingly as how to
implement on a known online poker gaming system the above game rules.
（後略）←問題文ここまで4

参考

問題文の審判事件で審理の対象となったクレーム１

A computerised method of computer gaming operating in a gaming network comprising agaming system connectable via a communications network to a plurality of player accesselements that provide communication services to a player, comprising:providing a first virtual table of a first group of players grouped together to play afirst hand;providing to each of the first group of players one or more cards for the first hand;receiving from a first player of the first group of players a request to fold the one ormore cards of the first hand, wherein the request to fold the one or more cards of the firstplayer is made out of turn;without waiting for the first player's turn in the first hand, automatically moving
the first player to a second virtual table of a second group of players grouped together to playa second hand;maintaining the first virtual table such that the first player appears to the otherplayers of the first group to remain active at that virtual table, waiting his turn; andat the first player's turn in the first hand, automatically folding his hand.

問２ 以下の問題文は、ある製品の標準規格に使用されている必須判定特許権を管理している ABC Standard Licensing Association と、この標準規格に使用されている所定の必須判定特許権のライセンスを受けたい XYZ Corporation との取引条件交渉記録（架空）の抜粋です。この問題文中の黄色ハイライト部を日本語に翻訳してください。翻訳に際しては、次の各注意事項を遵守してください。注意事項を遵守していない答案については、減点対象となる場合もあります。
注記１：

契約書中において特別に定義されている用語（文中 “”内に記載されかつ先頭大文字の用語です。以下「定義語」といいます。）については、翻訳文でも定義語であることが一目瞭然となるように訳語を工夫してください。
5

注記２：

下線部分ではない箇所も含めた契約全体の文脈において、整合性及び統一性が取れるよう注意してください。

注記３：

翻訳文だけを読んでも内容を正確に且つ容易に理解できるよう、契約書として自然な日本語訳を心がけてください。必要であれば、内容の正確性が担保される限りにおいて、一文を区切って二文で表現するなど、工夫を凝らしていただいて構いません。

以下問題文＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊
This letter of intent (the “Letter”) sets forth the principal terms and conditions (the“Purchase Terms”) on which we wish to purchase the package of certain “essential” patent
licenses as specified below (the “Essential License Package”).
Purchase Terms
1.

Essential License Package. “Essential License Package”、“Our Products”、“EssentialPatent”の定義。省略2.

Scope of License. 再許諾可否、 許諾期間、許諾地域が規定。省略

3.

Royalty. 省略

4.

Warranty. You shall warrant and covenant to us as follows:(1)

For each Essential Patent, you have the authority to grant us a license to exploit
the technique thus patented in the scope defined above, and you will provide us
with a certificate of your authority executed by the patent holder or any otherapplicable party upon our request;(2)

Throughout the License Period, each Essential Patent remains (i) declared as“essential,” (ii) incorporated in the applicable industry standard, (iii) valid and(iv) enforceable, and if any Essential Patent fails to satisfy any one of theforegoing requirements, then you shall, on and after the date of such failure tosatisfy, discount the rate of the royalty by an amount pro-rata to such failed
Essential Patent, provided that in case where such failure pertains to therequirement (i) or (ii) only, your discount shall be conditioned upon our coming up
with and adopting a technique that circumvents the technique thus patented;
6

(3)Provided that Our Products are manufactured duly under the Essential License
Package hereof, you will deem any Essential Patent as exhausted for the purposeof Our Products thus manufactured, and will not object to the distribution(including import and export) of such Our Products in any territory by anymeans;*****

This Letter is not legally binding in that neither of you nor us is obligated to transact forsuch Essential License Package unless you and we separately enter into a legally-binding
definitive agreement in writing for such transaction, but your signature on this Letter shallpreclude you from proposing or imposing any terms or conditions contrary to or in conflictwith anything contained herein, unless otherwise approved by us in writing.
If you agree on those Purchase Terms hereof, we wish to immediately commence a detailed
discussion for such definitive agreement.
Yours faithfully,
XYZ Corporation______(Signature)__________
Date:
Accepted and agreed:
ABC Standard Licensing Association______(Signature)__________
Date:

7