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Study on how to protect deep-learning-related inventions under the Korean Patent Act

  • DONG-A LAW REVIEW
  • 2020, (86), pp.347-378
  • DOI : 10.31839/DALR.2020.02.86.347
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : December 26, 2019
  • Accepted : February 21, 2020
  • Published : February 28, 2020

Jun, Yong-Cheul 1

1마이스타24특허법률사무소

Accredited

ABSTRACT

Deep learning is a technology to perform “learning” so that computers can adopt concepts to distinguish objects and the like. Deep-learning technology is characterized in that the structures of learning models for performing “learning” are “deep”. Deep-learning technology is based on neural-network technology in which neural structures and activities that enable human beings to accommodate concepts are grafted onto the computer technology. Recently, neural network technology has been underpinned by theory owning to the increased operational processing capacity of hardware units such as graphics cards, and remarkable performance of deep-learning technology has been exhibited. In order to understand the properties of deep-learning technology, changes in deep-learning technology, major aspects of deep-learning technology, and the claims of patented inventions relating to deep-learning technology are reviewed in this paper. Also, considering the properties of deep-learning technology, cases are divided into cases where deeplearning model structures are changed and cases where conventional deep-learning models are grafted onto deep-learning technology so as to comply with specific objectives. On this basis, how to secure the patentability of deep-learning-related inventions is reviewed in this paper, and how to easily demonstrate patent infringement after the deeplearning- related inventions are patented is also reviewed in practical terms. In the case of deep-learning-related inventions, they may be handled as a kind of computer-related inventions when the patentability requirements thereof are determined in terms of whether the subject matters thereof establishes inventions and they meet inventiveness requirements, etc.. Recently, with respect to the patent eligibility determination of computer-related inventions, important precedents including the Alice Corp. judgment in the United States have drawn attention, and examination guidelines in the United States and Korea have changed accordingly. In this regard, in this paper I review changes in US precedents on patent eligibility determination of computer-related inventions, and then review the Korean Patent Act and patent and utility model examination guidelines, which were revised in March 2019 by the Korean Intellectual Property Office.

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