★★★ ＜第36回知的財産翻訳検定試験【第19回和文英訳】＞ ★★★
≪１級課題 -知財法務実務-≫【問 1】
Inventions utilizing so-called artificial intelligence (hereinafterabbreviated as "AI inventions") can be understood as technologies related tocomputers that process data using technical methods such as machinelearning, etc. An AI invention can be protected as a product invention in theform of a computer system and a program that causes the computer system
to perform data processing, and/or a method invention realized by dataprocessing.
The patentability of AI inventions is determined from the viewpoints
of subject matter eligibility, industrial applicability, novelty, inventive stepand the like, similarly to ordinary computer-related inventions. One specificpoint to be noted for AI inventions is a description requirement. The
description requirement includes, namely, a support requirement, adefiniteness requirement, and an enablement requirement under Article 36of the Patent Act. The Japan Patent Office (JPO) publishes examples ofAI-related technologies on its website. The JPO explains the description
requirement for AI inventions as follows:“Inventions in which AI is implemented in various technical fields
generally use training data including multiple types of data for AI machinelearning. In this case, in judging whether or not an invention satisfies thedescription requirement, it must be recognized that a certain relationship,such as correlation, exists between the multiple types of data (hereinafterreferred to as "correlation, etc.") based on the description in the detailed
description of the invention, or it must be recognized that a correlation exists
between the multiple types of data. In this case, in determining whether thedescription requirement is met, it is required that, based on the detaileddescription of the invention, the existence of a certain relationship, such as acorrelation (hereinafter referred to as "correlation, etc."), between themultiple types of data is recognized, or the existence of some correlation, etc.
between the multiple types of data is inferred in view of technical commonsense.”
For example, in Patent Opposition No. 2022-700412, the patent inquestion was revoked on the grounds that "the patent in question wasgranted for a patent application in which the detailed description of theinvention does not meet the requirement stipulated in Article 36(4)(i) of thePatent Act.” The reasoning is that the patent does not describe technicalmatters required for an ordinary person skilled in the art to implement
machine learning "based on video image data" instead of machine learning
using "user attributes" and "evaluation of one or more indicators for judging

each action" as "training data" as “machine learning” for a learned model asa model for outputting identification information of exercise programs.

【問 2】
Sales and Distribution of Arts
1.1
In connection with any Art, Customer may sell only non-exclusive
licenses for certain exploitation on the Platform. Any and all
copyright and other substantiative control right in and to any Art
shall be reserved to Customer, and Customer may not offer any
transfer of such right or grant of any exclusive license as part of any
sale on the Platform. What exploitation license is to be sold shall beselected by Customer from the list provided by Operator inaccordance with the procedures designated by Operator.
1.2
Any Art shall be exhibited on the Platform for the inducement of aTransaction Agreement with a User, and if any User has made anoffer of purchase in accordance with the procedure designated byOperator, such Art shall be transacted under a Transaction
Agreement made by and between Customer and such User on theterms and conditions for such sales through the Approved
Blockchain, Approved Wallet Service and Approved Smart Contract.
1.3
Transaction of any Art on the Platform indispensably requires theuse of the Approved Blockchain, Approved Wallet Service andApproved Smart Contract, and no transaction may be made without
use of the same. In connection with the Approved Blockchain,
Approved Wallet Service and Approved Smart Contract, Customer
shall, on its own responsibilities, procure and maintain the service
agreements therefor with the third-party service providers thatprovide such services.
1.4
Any Art may be distributed on the Platform if any Purchaser sells
such Art to another User after its purchase. Upon distribution,
Customer shall be entitled to the Distribution Margin, which shallbe distributed to Customer through the Approved Blockchain,
Approved Wallet Service and Approved Smart Contract as is thecase with the sales proceed of the Art.