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November 2023
Patent Examination Department (Electronic Technology),
88av 888
Contents
- Outline of Business-related inventions
- Application Trends in Business-related inventions
-
Reference Information about Business-related inventions
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- Business-related invention* is an invention in which a business method is realized using Information and Communication Technology (ICT).
- The patent system aims to contribute to the development of industry through the protection of technology. Therefore, an idea itself cannot be eligible subject matter, even if it is a ground-breaking idea for sales management or production management.
- On the other hand, an invention in which such an idea is realized using ICT would be eligible subject matter as a Business-related invention.
*
We define the patent application classified into G06Q under IPC or FI as "Business-related invention". The definition of "Business-related invention" is used only in this research and does not express an official definition from the 88av 888.
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- With the progress of new technologies such as the Internet of Things (IoT) or artificial intelligence (AI) promoting the Fourth Industrial Revolution, the utilization of Business-related invention is getting attention from the industry.
- As an example of a Business-related invention using IoT, consider a model consisting of the steps ① to ⑥ as follows; ① Collecting data from various sensors or devices, ② Transferring the collected data, ③ Storing the transferred data in the storage system as "Big Data", ④ Analyzing the stored data by using AI etc. and outputting new data, ⑤ Utilizing the output data in any service, ⑥ Establishing a business model in IoT. In this model, the system embodying one’s own company's business model can be protected as Business-related patents regarding ⑤ utilizing data and ⑥ establishing a business model.
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- The number of domestic patent applications for Business-related inventions has been characteristically transitioning (Graph 1). The downward trend after the application boom in 2000 turned to an increase in around 2012 and 13,032 applications were filed in 2021.
- This increase is assumed to be caused by the activation of R & D on the solution business following the industrial structure change from "products" to "services". Another reason is that new services using ICT have been created in new fields such as finance, due to development in AI and IoT technologies in addition to the spread of smartphones and SNS amongst the public.
- The grant rate of business-related inventions was initially sluggish but is rising year by year (Graph 2). Nowadays, it has remained steady at around 70%, which is equal to that of technical fields as a whole.
Graph 1. The number of applications for Business-related invention
Graph 2. Grant rate for Business-related inventions
(for the applications of which the main features are Business-related inventions)
Remarks
- "Applications of which the main features are business-related inventions" refers to an application classified in G06Q as main FI.
- "Applications that are business-related inventions but have main features in other technical fields" refers to an application classified in G06Q as FI and also classified in other FIs as the main FI.
- The number of applications is the total number of (1) the number of domestic applications and (2) the number of international applications based on Patent Cooperation Treatment (PCT) that transferred into the national phase in Japan. The number includes undisclosed applications for which a decision of refusal, withdrawal including deemed withdrawal, or abandonment was made prior to publishing.
- The application date of PCT international applications is determined as the acceptance date of the domestic document.
- Grant rate = number of decisions to grant a patent / (number of decisions to grant a patent + number of decisions of refusal + number of withdrawals or abandonment after FA)
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- According to the number of business-related applications by field (Graph 3), the top three fields in 2021 are:
- (1) G06Q50/,90/,99/ excluding other fields (Services in general) e.g., accommodation, restaurants, real estate, transportation and communication
- (2) G06Q10/ (Administration; Management) e.g., in-house operation systems, production management, inventory management, project management and staffing
- (3) G06Q30/ (Commerce) e.g., E-commerce, auction, market forecast and online advertisements
- "Services in general" includes car sharing services and vacation rental businesses that have become popular in recent years, and the increasing number of applications for "Services in general" reflects the diversification of services provided on smartphones and online. In particular, the transportation sectors, accommodation sectors, and real estate sectors are expanding into cab dispatch services, private accommodation business, and real estate tech, respectively, and these are thought to be the reasons for the increase in patent applications.
- "Administration; Management", of which a typical example is an invention that utilizes AI to optimize in-house business systems and inventory management, has shown a particularly high growth rate since 2015.
- The increasing number of applications for "Commerce" is considered to be due to the rise of e-commerce including flea market apps and online auctions, and the accompanying activation of marketing and advertising businesses.
- "Finance" including FinTech is also large and the number of its applications has been increasing. In recent years, services that allow users to transfer money via smartphones are increasing in the finance field (e.g., smartphone payment and household account app)are considerable contributors to the increase in the number of applications.
- Although the number of applications related to primary and secondary industries is small, the number of applications for primary industries has increased by 6.6 times and for secondary industries by approximately 3 times from 2015 to 2021, and it can be seen that problem-solving using ICT has become common in a wide range of fields.
Graph 3. The number of business-related applications by field
Remarks
- Graph 3 is based on primary FI assigned to "Applications of which the main features are Business-related inventions".
- Correspondence between fields and FI and the number of applications for each year are as follows (see
J-PlatPat ( External link )
for details of classification).
Industry Field |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
G06Q50/,90/,99/ excluding other fields (Services in general) |
1,224 |
1,089 |
1,412 |
1,486 |
1,852 |
2,243 |
2,742 |
G06Q10/ (Administration; Management) |
592 |
986 |
1,288 |
1,560 |
1,842 |
2,052 |
2,465 |
G06Q30/ (Commerce) |
1,150 |
1,282 |
1,365 |
1,579 |
1,754 |
1,986 |
2,216 |
G06Q20/,40/ (Finance) |
542 |
768 |
834 |
1,092 |
1,127 |
1,260 |
1,152 |
G06Q50/04,50/08 (Secondary Industry(Manufacturing, Construction)) |
135 |
151 |
171 |
185 |
256 |
342 |
402 |
G06Q50/06 (Energy industry (Electricity, gas, or water supply)) |
178 |
258 |
170 |
229 |
242 |
255 |
309 |
G06Q50/02 (Primary Industry (Agriculture; Fishing; Mining)) |
35 |
59 |
96 |
77 |
151 |
158 |
231 |
G06Q50/26 (Government or public services) |
101 |
92 |
81 |
102 |
105 |
138 |
183 |
G06Q50/20 (Education) |
62 |
75 |
86 |
91 |
83 |
111 |
118 |
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- Business-related inventions are highly compatible with AI (especially machine learning technology that makes decisions by learning data), and there are increasing cases of problem-solving in business using AI
- The number of applications for AI-related inventions in the top four fields mentioned above in business-related inventions has been increasing since 2015 (Graph 4). The prominent field is "Administration; Management", which shows that a number of inventions realizing prediction or optimization of targets by using AI are emerging.
Graph 4. The number of applications for AI-related inventions by field
Remarks
Industry Field |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
G06Q10/ (Administration; Management) |
6 |
20 |
62 |
123 |
149 |
144 |
229 |
G06Q50/,90/,99/ excluding other fields (Services in general) |
14 |
18 |
31 |
53 |
134 |
113 |
168 |
G06Q30/ (Commerce) |
12 |
28 |
43 |
71 |
97 |
130 |
123 |
G06Q20/,40/ (Finance) |
3 |
10 |
20 |
32 |
44 |
49 |
61 |
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- The number of applications for business-related inventions has doubled in the past decade, with the exception of China (Graph 5).
- The number of applications in China is growing rapidly, and it is in excess of 60,000 in 2020.
- The number of applications in the US has generally remained around 20,000 in recent years, although it has temporarily declined since 2014, probably due to the Alice decision* by the Supreme Court in 2014, which made it difficult to obtain business-related patents in the US. One factor that may have halted the decline is that the examination guidance was revised in January 2019, making the examination of business-related inventions more predictable.
- The number of applications to the European Patent Office (EPO) is the lowest among the five major patent offices, probably due to strict judgment on inventive steps for business-related inventions by the EPO.
-
*
Alice Corp. v. CLS Bank International, 134 S. Ct.2347 (2014).
Graph 5. The number of applications for business-related inventions in major countries
Remarks
- Graph 5 is based on the applications classified into IPC: G06Q, regardless of whether it is a major classification.
- For Japan, China, and Korea, the number of applications includes utility models.
- Graph 5 is made based on
WIPO Patentscope ( External link )
(searched on July 13, 2023). As the searched databases are different, the number of JP applications does not match the number of domestic applications in Graph 1.
- The number of applications in major countries is as follows.
|
2011 |
2012 |
2013 |
2014 |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
CN |
4,572 |
5,924 |
8,666 |
11,208 |
17,148 |
29,276 |
41,033 |
52,581 |
58,530 |
67,536 |
US |
11,827 |
15,306 |
17,907 |
19,182 |
17,610 |
17,331 |
18,430 |
18,680 |
20,147 |
18,708 |
KR |
5,631 |
7,414 |
6,938 |
7,257 |
8,449 |
9,349 |
9,169 |
10,906 |
11,989 |
14,080 |
JP |
4,980 |
5,634 |
6,125 |
6,454 |
6,122 |
7,000 |
7,900 |
8,689 |
9,447 |
9,621 |
EP |
2,276 |
2,697 |
2,789 |
3,050 |
3,248 |
3,461 |
3,590 |
3,629 |
3,725 |
3,471 |
WO |
3,409 |
4,656 |
4,792 |
5,044 |
6,036 |
6,449 |
6,739 |
7,812 |
7,931 |
7,833 |
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-
Examination Guidelines pertinent to IoT related technologies
-
Patent Examination Case Examples pertinent to AI-related technologies
-
Recent Trends in AI-related Inventions
-
Japanese Page
[Last updated 1 December 2023]
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