A Study of Patent Eligibility of ComputerImplemented Inventions - from the standpoint of Japan

Inventions have shown variation in association with industrial development and progress in science and technology. Since the Patent Act is a law in which the protection and use of inventions are placed at the center of its purpose and its framework is closely related to innovation on a continuous basis, flexible responses must always be made to the needs of the time. In examining the invention's subject matter that is eligible for protection, it is difficult to derive uniquely because it is a problem between law interpretation and policy problems. Patent eligibility of computer-implemented inventions (hereinafter: CII) has been hotly debated since 1960s in many countries. Each country’s laws and practices have significantly evolved over time. For instance, Japan has made revisions to the Examination Guidelines, as well as legal amendments as appropriate, In U.S., the issue of patent eligibility of business method inventions has led to the increase in the number of litigations over patent eligibility and vigorous discussions have been conducted. In Europe, they try to conduct harmonization has been sought about various methods difference between the EPO and member states. In addition, Protection eligibility of CII is one of study questions topics for International Association for the Protection of Intellectual Property (AIPPI) world congress 2017. In this situation show that it is time to revisit patent eligibility of CII. In particular, focus on the three legal systems in determining patent eligibility. (1. Japan: Definition, 2. United States: non-statutory subject matter, 3. Europe: Ineligible subject matter exclusion). Below, this paper describes the current situation in Japan and speculates as to parallels that might emerge between the current situation in US and Europe. This research study aims to be of some help to the efforts made for international systemic harmonization by considering the requirement for patent eligibility from the viewpoint of comparative law.