[Patent Attorney Thorough Explanation] Collection of patent cases for chat functions and AI bots | Points of patent acquisition and infringement risks that developers should know

2. Specific chat patents that developers should know [4 examples]

Here, we will introduce four cases that have actually become a hot topic and patent cases that are closely related to business models. By knowing these things, you should be able to get a sense of what kind of technology can be patented.

Case ①: LINE “Furufuru function” patent infringement lawsuit (UI/UX and sensor collaboration)

Even LINE, the chat app giant, is not immune to patent disputes.
Futurei, an IT company in Kyoto, has filed a lawsuit alleging patent infringement over the ``furufuru function'' (a function that allows you to exchange IDs by shaking your device) that was previously included in LINE.

• [Technology at issue]
  A technology that uses location information such as GPS to enable devices in close proximity to each other to send information to a server using vibration (shaking motion) as a trigger, and match IDs.
• [Results and lessons learned]
  In 2021, the Tokyo District Court ordered LINE to pay approximately 14 million yen in damages (there have since been reports of a settlement, etc.).
  What we can learn from this case is that ``A chat function that is linked not only to on-screen operations, but also to smartphone sensors (such as acceleration sensors)'' can be a powerful patent. It is also a warning that the more intuitively convenient a feature is, the more likely it is that another company has already patented it.

• [Impact of the Judgment]
  Traditionally, the principle was the "territorial principle" (Japanese patents are valid only within Japan), but in the course of the 2023 Intellectual Property High Court and subsequent Supreme Court decisions, a groundbreaking decision was made: "If the system as a whole can be evaluated to be substantially carried out within Japan, an infringement of Japanese patent rights will be established."
• [Warning to developers]
  The loophole that says, ``It's okay to infringe on Japanese patents because AWS servers are located in the US region'' no longer works. As long as the user is in Japan, the patent risk of the chat system should be considered to be determined based on Japanese law.

3. Patent trends in the era of generative AI and chatbots

Since 2023, chatbot development using generative AI (LLM) such as ChatGPT has increased explosively. New patent trends are emerging in this area as well.

Trend ①: "Escalation technology" for manned response

The most important thing for AI chatbots is how to respond when the AI cannot answer.
The following technologies have been applied for, in addition to simply displaying "I will be replaced by the person in charge."

• Trigger by emotion analysis:
  Control that calculates the emotional score of "anger" or "impatient" from the user's input text, stops the AI the moment the threshold is exceeded, and connects to a veteran operator preferentially.
• Context inheritance:
  A UI system where the LLM summarizes the conversation log with the AI and displays it on the operator screen, allowing the operator to smoothly take over the chat while ``understanding the situation.''

Trend ②: Prompt control and RAG (search extension generation)

The LLM (AI model) itself belongs to the platform, but "how to control it" is the domain of the app developer.

• Flow of countermeasures against hallucinations (lies):
  When searching (RAG) an in-house manual and having it respond, if the "reliability score" of the document referenced by the AI is low, the control logic does not allow the AI to respond, instead outputting "I don't know" to guide manned response.
• Automatic masking of personal information:
  A security technology that uses regular expressions and named entity extraction to detect when a user enters personal information in a chat before sending it to AI, and automatically performs masking processing.

These are not inventions of AI itself, but "peripheral technologies" for establishing AI as a commercial service, which are currently the areas most likely to be patented.

4. “Three benefits” of patenting the chat function

Some people think, "Since software changes so quickly, isn't there any point in patenting it?" However, the benefits of obtaining a patent for a chat system are not limited to technical protection.

Advantage 1: Strong barrier to entry (exclusivity)

Chat apps are a business where once you get a user, switching costs are high (network effects work). If you can monopolize a certain useful function (e.g., the ability to reply instantly with a specific gesture) through a patent, competing apps will be unable to imitate it, and you will be able to create an overwhelming difference in UX (user experience).
``I use this app because it has that feature'' You can legally protect it.

Advantage 2: Improved valuation in financing and M&A

Investors and VCs (venture capital firms) strictly check not only the app code itself, but also whether the business model will be copied by other companies.
The fact that a patent has been applied for (or obtained) for a unique matching logic is proof of technological prowess and greatly boosts a company's asset value (valuation). When aiming for future buyouts (M&A), patents for core chat functions will be an important asset to sell.

Advantage 3: Defense by cross-licensing

If your company is sued for ``patent infringement'' by a competitor, if your company also owns a strong patent, there is a higher possibility that you will be able to negotiate a settlement where ``let's use each other's patents (cross-licensing).''
Patents are both a weapon to attack and a shield to protect your company. In the IT industry, fighting unarmed is itself a risk to business continuity.

5. Important points when applying for a patent for a chat system

Where is the line between "ideas that can be patented" and "ideas that can't be patented"?

Clarify cooperation with "hardware resources"

Under the examination standards of the Japanese Patent Office, in order for a software invention to be recognized, it is necessary that ``information processing is concretely realized using hardware resources (CPU, memory, communication unit, display, etc.)''.

• × Example that is not patentable:
  "Chat rule that automatically warns users when they use offensive language"
  (This is just an artificial arrangement or an abstract idea)
• 〇 Example that could be patented:
  “Information processing device in which a CPU matches a prohibited word list stored in a storage unit with text data input from an input means, and if a matching word is found, interrupts transmission processing and pops up a predetermined warning window on a display”

In this way, by clearly defining ``which device,'' ``what kind of data,'' and ``how to process it,'' it can be recognized as a technical invention. This "translation into technology" is the specialty area of ​​our patent attorneys.

Balance between “breadth” and “strength” of claims

If the scope of patent rights (claims) is too broad, it will be considered "same as existing technology" and rejected, and if it is too narrow, a "loophole" will be created.
An excellent patent attorney will discern the essence (core) of your company's chat function and aim to acquire rights within an exquisite range that is difficult for competitors to avoid. For example, instead of limiting the term to ``shaking a smartphone,'' we aim for a broader right that includes not only shaking but also tilting, by stating ``by the device's acceleration detection means.''

6. Summary: Please consult a patent attorney who specializes in IT and software

The world of chat systems and AI bots is rapidly progressing. If you come up with a feature that you think is useful, someone else somewhere in the world may have thought of it at the same time.
Patents are subject to the first-to-file system (the first person to file an application wins).

• "Is your company's chat feature patentable?"
• "Wouldn't the functionality of that competitor's app infringe on a patent?"
• “I want to protect the control logic of the AI bot”

If you have such questions, please consult with an expert before the development progresses to the point of no return.
A patent attorney who understands IT terminology and system architecture will be able to communicate smoothly with engineers, accurately verbalize "inventions hidden in code", and support them in establishing strong rights.

We hope that your company's innovative communication tools will be duly evaluated based on the power of intellectual property and will take the market by storm.

AUTHOR

Takefumi SUGIURA （杉浦 健文）

EVORIX Intellectual Property Law Firm　Managing Patent Attorney

Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).

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