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Part 2: The Possibility of Acquiring Rights for Business Model Related Inventions from a New Perspective

Miyoshi International Patent Office
Vice Chairman Shunichi Takahashi

In October 2018, the Intellectual Property High Court (IPHC) made a decision (hereinafter referred to as "this decision") that an invention that can be referred to as a business model related invention pertaining to a restaurant operation method and not using ICT (information and communications technology) at all, called a "Steak Serving System", has patent eligibility, and this became a hot topic.  The reason for this is that, although it is clearly defined that a method for doing business itself does not fall under the category of an invention, and moreover a business model-related invention is clearly defined as "an invention realized by using information and communications technology (ICT) for a business method" by the Japan Patent Office, an invention related to a business model that is contrary to the above was granted a patent.

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